Martinez v. Martinez

Appellate Division of the Supreme Court of New York

Martinez v. Martinez

15 A.D.3d 663, 789 N.Y.S.2d 914

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

DecidedFebruary 28, 2005

StatusPublished

Cited by3 cases

This text of 15 A.D.3d 663 (Martinez v. Martinez) 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

Martinez v. Martinez, 15 A.D.3d 663, 789 N.Y.S.2d 914 (N.Y. Ct. App. 2005).

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Opinion

In a child support proceeding pursuant to Family Court Act article 4, Geraldo Martinez appeals, as limited by his brief, from so much of an order of the Family Court, Orange County (Kiedaisch, J.), dated May 27, 2004, as corrected by an order dated August 31, 2004, as, after a hearing, and upon the parties’ stipulation of settlement, found him to be in violation of a prior order of support and fixed his child support arrears at $5,987.28.

Ordered that the appeal is dismissed, with costs, as no appeal lies from an order entered on the consent of the parties.

The order appealed from specifically stated that it was “based upon the stipulation of settlement reached between the parties.” Since it was made on consent of the parties, it is not appealable (see Matter of Brouwer v Pacicca, 291 AD2d 448 [2002]). Luciano, J.E, Crane, Fisher and Lifson, JJ., concur.

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In a child support proceeding pursuant to Family Court Act article 4, Geraldo Martinez appeals, as limited by his brief, from so much of an order of the Family Court, Orange County (Kiedaisch, J.), dated May 27, 2004, as corrected by an order dated August 31, 2004, as, after a hearing, and upon the parties’ stipulation of settlement, found him to be in violation of a prior order of support and fixed his child support arrears at $5,987.28.

Ordered that the appeal is dismissed, with costs, as no appeal lies from an order entered on the consent of the parties.

The order appealed from specifically stated that it was “based upon the stipulation of settlement reached between the parties.” Since it was made on consent of the parties, it is not appealable (see Matter of Brouwer v Pacicca, 291 AD2d 448 [2002]). Luciano, J.E, Crane, Fisher and Lifson, JJ., concur.

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Bluebook (online)

15 A.D.3d 663, 789 N.Y.S.2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-martinez-nyappdiv-2005.

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