GIURCO v. GIURCO

ORDERED that the appeal from the order is dismissed; and it is further,

ORDERED that the judgment is affirmed insofar as appealed from; and it is further,

ORDERED that the respondent is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501[a][1]).

We agree with the Supreme Court that the plaintiff did not demonstrate a material change of circumstances warranting modification of the visitation provisions of the stipulation of settlement (see, Matter of Cinquemani v. Guarino, 243 A.D.2d 562, 563; Matter of Brocher v. Brocher, 213 A.D.2d 544).