Ordered that the appeal from the order dated October 30, 1996, is dismissed; and it is further,
Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the order dated March 7, 1997, made upon reargument; and it is further,
Ordered that the order dated March 7, 1997, is affirmed insofar as appealed from, and it is further,
Ordered that the defendant 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 the appeal from the order are brought up for review and have been considered on the appeal from the order dated March 7, 1997, which supersedes the appeal from the judgment ( see, CPLR 5501 [a] [1]).
Contrary to the plaintiff's contention, the alleged oral agreement to pay commissions on premiums paid on renewals of certain professional liability insurance policies was subject to the Statute of Frauds ( see, Apostolos v. R.D.T. Brokerage Corp., 159 A.D.2d 62; cf., North Shore Bottling Co. v. Schmidt Sons, 22 N.Y.2d 171).
The plaintiff's remaining contentions are without merit.
Mangano, P.J., Joy, Altman and Luciano, JJ., concur.