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Adney v. Morton

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


December 30, 2009

IN THE MATTER OF FRANCES ADNEY, APPELLANT,
v.
HERBERT J. MORTON, III, RESPONDENT.

Appeal from an order of the Family Court, Erie County (Sharon M. LoVallo, J.), entered September 12, 2008 in a proceeding pursuant to Domestic Relations Law article 5-A. The order granted the petition for enforcement of an order of custody and visitation.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 10, 2010

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum

This appeal by petitioner mother from an order entered upon her stipulation in open court must be dismissed. "No appeal lies from an order entered upon the parties' consent" (Matter of Cherilyn P., 192 AD2d 1084 [1993], lv denied 82 NY2d 652 [1993]; see Matter of Desmond S., 285 AD2d 994 [2001], lv dismissed 97 NY2d 693 [2002]).

Present---Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.

20091230

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