Charles v. Lewis

Appellate Division of the Supreme Court of New York

Charles v. Lewis

224 A.D.2d 687, 638 N.Y.S.2d 717, 1996 N.Y. App. Div. LEXIS 1895

Appellate Division of the Supreme Court of the State of New York·Decided February 26, 1996·Published·Cited by 4 cases

Opinion

—In a proceeding pursuant to Family Court Act article 8 for an order of protection, the appeal is from an order of the Family Court, Westchester County (Cooney, J.), entered November 7, 1994, which granted the petition.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the order from which the appellant has appealed was entered upon her consent, and no appeal lies from an order entered on consent (see, CPLR 5511; Bahr v Bahr, 105 AD2d 725; Katz v Katz, 68 AD2d 536, 541). Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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—In a proceeding pursuant to Family Court Act article 8 for an order of protection, the appeal is from an order of the Family Court, Westchester County (Cooney, J.), entered November 7, 1994, which granted the petition.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the order from which the appellant has appealed was entered upon her consent, and no appeal lies from an order entered on consent (see, CPLR 5511; Bahr v Bahr, 105 AD2d 725; Katz v Katz, 68 AD2d 536, 541). Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

Charles v. Lewis, 224 A.D.2d 687, 638 N.Y.S.2d 717, 1996 N.Y. App. Div. LEXIS 1895 (N.Y. Ct. App. 1996).

Pincite

224 A.D.2d 687 (Charles v. Lewis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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