Ordered that the appeal from the decision dated April 4, 1997, is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the appeal from the order dated April 4, 1997, is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the plaintiff 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 trial court's finding that, in light of the confidential relationship between the parties, the appellant failed to meet his burden of proving by clear and convincing evidence that his mother's conveyance of her home to him was not the product of fraud or undue influence (see, JML Investors Corp. v. Hilton, 231 A.D.2d 493; Loiacono v. Loiacono, 187 A.D.2d 414).
The parties' remaining contentions are either unpreserved for appellate review or without merit.
Rosenblatt, J.P., Ritter, Krausman and Goldstein, JJ., concur.