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Matter of Hartnett v. Hartnett

Appellate Division of the Supreme Court of New York, Second Department
Sep 8, 1997
242 A.D.2d 535 (N.Y. App. Div. 1997)

Opinion

September 8, 1997

Appeal from the Family Court, Westchester County (Bellantoni, J.).


Ordered that the appeal is dismissed, with costs to the petitioner.

The order appealed from expressly recites that its terms were agreed upon by the parties, after a conference and examination and inquiry into the facts and circumstances of the case. Since it is well established that an order entered on consent is not appealable ( see, Matter of Commissioner of Social Servs. of City of N.Y. [Tabitha McC.], 202 A.D.2d 502; Matter of Cherilyn P., 192 A.D.2d 1084; Matter of Unborn Baby B., 158 A.D.2d 455, 456; Goodman v. Goodman, 150 A.D.2d 636), and since the appellant here is not aggrieved within the meaning of CPLR 5511 by an order to which he has consented, the appeal is dismissed ( see, Matter of Commissioner of Social Servs. of City of N Y [Tabitha McC.], supra; Matter of Cherilyn P., supra; Goodman v Goodman, supra).

Copertino, J.P., Thompson, Friedmann and Florio, JJ., concur.


Summaries of

Matter of Hartnett v. Hartnett

Appellate Division of the Supreme Court of New York, Second Department
Sep 8, 1997
242 A.D.2d 535 (N.Y. App. Div. 1997)
Case details for

Matter of Hartnett v. Hartnett

Case Details

Full title:In the Matter of SONDRA HARTNETT, Respondent, v. ROGER HARTNETT JR.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 8, 1997

Citations

242 A.D.2d 535 (N.Y. App. Div. 1997)
662 N.Y.S.2d 77

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