Starz v. Tissiera

Appellate Division of the Supreme Court of New York

Starz v. Tissiera

206 A.D.2d 432, 616 N.Y.S.2d 192, 1994 N.Y. App. Div. LEXIS 7284

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

DecidedJuly 11, 1994

StatusPublished

Cited by8 cases

This text of 206 A.D.2d 432 (Starz v. Tissiera) 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

Starz v. Tissiera, 206 A.D.2d 432, 616 N.Y.S.2d 192, 1994 N.Y. App. Div. LEXIS 7284 (N.Y. Ct. App. 1994).

Pincite

Opinion

In a support proceeding pursuant to Family Court Act article 4, Michael Tissiera appeals from so much of an order of the Family Court, Dutchess County (Bernhard, J.), dated January 7, 1991, as directed him to pay $500 in child support arrears within 60 days, and "have his account current”, or be sentenced to 60 days imprisonment for contempt.

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

On December 4, 1990, Michael Tissiera stipulated, in the presence of counsel and in open court, that he had willfully disobeyed the Family Court’s order of support, that he had the ability to make the ordered payments, and that if he did not pay $500 within 60 days, plus $35 per week, he would be subject to a 60 day term of imprisonment. The court set forth the terms of that stipulation in an order dated January 7, 1991, from which Mr. Tissiera now appeals. No appeal lies from an order entered by consent upon the stipulation of the appealing party (see, Tongue v Tongue, 61 NY2d 809; Matter of Gerald H., 158 AD2d 599; Katz v Katz, 68 AD2d 536; Matter of Araujo v Araujo, 38 AD2d 537). Sullivan, J. P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a support proceeding pursuant to Family Court Act article 4, Michael Tissiera appeals from so much of an order of the Family Court, Dutchess County (Bernhard, J.), dated January 7, 1991, as directed him to pay $500 in child support arrears within 60 days, and "have his account current”, or be sentenced to 60 days imprisonment for contempt.

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

On December 4, 1990, Michael Tissiera stipulated, in the presence of counsel and in open court, that he had willfully disobeyed the Family Court’s order of support, that he had the ability to make the ordered payments, and that if he did not pay $500 within 60 days, plus $35 per week, he would be subject to a 60 day term of imprisonment. The court set forth the terms of that stipulation in an order dated January 7, 1991, from which Mr. Tissiera now appeals. No appeal lies from an order entered by consent upon the stipulation of the appealing party (see, Tongue v Tongue, 61 NY2d 809; Matter of Gerald H., 158 AD2d 599; Katz v Katz, 68 AD2d 536; Matter of Araujo v Araujo, 38 AD2d 537). Sullivan, J. P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

206 A.D.2d 432, 616 N.Y.S.2d 192, 1994 N.Y. App. Div. LEXIS 7284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/starz-v-tissiera-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack