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In the Matter of Brouwer v. Pacicca

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 2002
737 N.Y.S.2d 541 (N.Y. App. Div. 2002)

Opinion

2001-01526

Submitted January 18, 2002

February 14, 2002.

In a proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his notice of appeal and brief, from stated portions of an order of the Family Court, Westchester County (DiFiore, J.), entered January 17, 2001, on consent.

Paul D. Jaffe, White Plains, N.Y., for appellant.

Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.


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

Where, as here, an order indicates on its face that it was made on consent, it is not appealable (see, Matter of Garcia v. Carballo, 277 A.D.2d 453; Matter of Chiakpo v. Obi, 255 A.D.2d 579; Matter of Hartnett v. Hartnett, 242 A.D.2d 535; Matter of Larkin-King v. King, 159 A.D.2d 626; CPLR 5511). To the extent that the appellant attacks the propriety of certain portions of the order on the ground that they were not made on his consent, his remedy is to move in the Family Court to vacate or resettle the order (see, Nayman v. Remsen Apartments, 125 A.D.2d 378; Bacon v. Lowman, 8 A.D. 612).

KRAUSMAN, J.P., FRIEDMANN, ADAMS and CRANE, JJ., concur.


Summaries of

In the Matter of Brouwer v. Pacicca

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 2002
737 N.Y.S.2d 541 (N.Y. App. Div. 2002)
Case details for

In the Matter of Brouwer v. Pacicca

Case Details

Full title:IN THE MATTER OF CLARA E. BROUWER, respondent, v. THOMAS E. PACICCA…

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

Date published: Feb 14, 2002

Citations

737 N.Y.S.2d 541 (N.Y. App. Div. 2002)
737 N.Y.S.2d 541

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