In re the Estate of Pulver

Appellate Division of the Supreme Court of New York

In re the Estate of Pulver

86 A.D.2d 705, 446 N.Y.S.2d 549, 1982 N.Y. App. Div. LEXIS 15254

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1982

StatusPublished

Cited by2 cases

This text of 86 A.D.2d 705 (In re the Estate of Pulver) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Pulver, 86 A.D.2d 705, 446 N.Y.S.2d 549, 1982 N.Y. App. Div. LEXIS 15254 (N.Y. Ct. App. 1982).

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Opinion

Appeal from an order of the Surrogate’s Court of Montgomery County (Tomlinson, S.), dated September 5, 1980, which settled and approved the account of the administrator de bonis non of the estate of Clarence Pulver, deceased. The order appealed from was rendered on consent of counsel given in Surrogate’s Court. The order appealed from expressly recites that it was stipulated and agreed to. It is clear that an appeal does not lie from an order entered on consent (CPLR 5511; see, also, City Bank Farmers Trust Co. v Macfadden, 13 AD2d 395, 397, affd 12 NY2d 1035, cert den 375 US 823; Siegel, New York Practice, § 525, p 720). Accordingly, the appeal should be dismissed. Appeal dismissed, with costs. Kane, J. P., Main, Mikoll, Yesawich, Jr., and Weiss, JJ., concur.

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Appeal from an order of the Surrogate’s Court of Montgomery County (Tomlinson, S.), dated September 5, 1980, which settled and approved the account of the administrator de bonis non of the estate of Clarence Pulver, deceased. The order appealed from was rendered on consent of counsel given in Surrogate’s Court. The order appealed from expressly recites that it was stipulated and agreed to. It is clear that an appeal does not lie from an order entered on consent (CPLR 5511; see, also, City Bank Farmers Trust Co. v Macfadden, 13 AD2d 395, 397, affd 12 NY2d 1035, cert den 375 US 823; Siegel, New York Practice, § 525, p 720). Accordingly, the appeal should be dismissed. Appeal dismissed, with costs. Kane, J. P., Main, Mikoll, Yesawich, Jr., and Weiss, JJ., concur.

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Bluebook (online)

86 A.D.2d 705, 446 N.Y.S.2d 549, 1982 N.Y. App. Div. LEXIS 15254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-pulver-nyappdiv-1982.

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