Appellate Division: Second Judicial Department

M36158

S/sl

GABRIEL M. KRAUSMAN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-08684, 2005-08685, 2005-08686 Frank F. Cangro, respondent, v Jennifer Cangro, appellant. (Index No. 5660/01)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to CPLR 670.8(d)(2) to enlarge the time to perfect appeals from (1) a judgment of the Supreme Court, Richmond County, dated July 29, 2005, (2) findings of fact and conclusions of law of the same court also dated July 29, 2005, and (3) a Qualified Domestic Relations Order of the same court, also dated July 29, 2005.

Now, on the court's own motion and no papers having been filed in opposition to the application, it is

ORDERED that the appeal from the findings of fact and conclusions of law (Appellate Division Docket No. 2005-08685) is dismissed, without costs or disbursements, as no appeal lies from findings of fact and conclusions of law (see Benedetto v O'Grady, 10 AD2d 628); and it is further,

ORDERED that the appeal from the Qualified Domestic Relations Order (Appellate Division Docket No. 2005-08686) is dismissed, without costs or disbursements, as that order is not appealable as of right and leave to appeal has not been granted (see Biglin v Biglin, 2 AD3d 380); and it is further,

 ORDERED that the appeal from the judgment (Appellate Division Docket No. 2005-08684) is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the consent of the parties (see Matter of Brouwer v Pacicca, 291 AD2d 448), without prejudice to the appellant moving in the Supreme Court, Richmond County, to vacate the judgment.

KRAUSMAN, J.P., RIVERA, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court