Public-domain · open source
OpenJurist

73 A.D.3d 931

Richardson v. Gary

Appellate Division of the Supreme Court of the State of New York · decided 2010-05-11

Cited by 1 later decisions — most recently March 2013

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2010-05-11

View the full empirical analysis of this case →

¶1In a proceeding pursuant to Family Court Act article 8, the petitioner appeals from so much of an order of the Family Court, Kings County (Feld-man, J.H.O.), dated June 1, 2009, as, upon her withdrawal of the petition, dismissed the petition with prejudice.

¶2Ordered that the appeal is dismissed, without costs or disbursements.

¶3The petitioner consented to the entry of the order dated June 1, 2009, dismissing her family offense petition with prejudice. Accordingly, the appeal from that order must be dismissed, as no appeal lies from an order entered upon the consent of the appealing party, since a party who consents to an order is not aggrieved thereby (see CPLR 5511; Matter of Avery v Aery, 55 AD3d 1095, 1095-1096 [2008]; Matter of Gittens v Chin-On, 19 AD3d 596, 596 [2005]; Matter of Cooper v Administration for Children’s Servs., 293 AD2d 605 [2002]). Mastro, J.P., Miller, Leventhal and Belen, JJ., concur.

/73/ad3d/931 · .json · Public domain