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In the Matter of Frances Adney v. Herbert J. Morton

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

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

1548

PRESENT: HURLBUTT, J.P., SMITH, CENTRA, GREEN, AND PINE, JJ.

MEMORANDUM AND ORDER

The order granted the petition for enforcement of an order of custody and visitation. 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, lv denied 82 NY2d 652; see Matter of Desmond S., 285 AD2d 994, lv dismissed 97 NY2d 693).

Patricia L. Morgan Clerk of the Court

20091230

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