Appellate Division: Second Judicial Department

M74026

T/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-06411, 2008-06412, 2008-06413, 2008-06601 Timothy Makara, respondent, v Kelly Makara, appellant. (Index No. 7305/06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Dutchess County, two dated April 8, 2008, and one dated June 10, 2008, respectively, and a judgment of the same court dated June 10, 2008, inter alia, to stay enforcement of the order dated June 10, 2008, and all proceedings in the above-entitled action pending hearing and determination of the appeals. Cross motion by the respondent, inter alia, to dismiss the appeals from the orders dated April 8, 2008, on the ground that they were superceded by the judgment dated June 10, 2008, to dismiss the appeal from the judgment dated June 10, 2008, on the ground that it was entered on the consent of the appellant, and is therefore not appealable, and for an award of costs and an attorney's fee. Application by the attorney for the subject children for an award of costs and an attorney's fee.

Upon the papers filed in support of the motion, the cross motion, and the application, and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated April 8, 2008, which granted the respondent's motion in limine is granted, as the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241), and the branch of the cross motion which is to dismiss the appeal from the judgment is granted, as no appeal lies from a judgment that was entered on the consent of the appellant (see CPLR 5511), and the appeal from the order dated April 8, 2008, which granted the respondent's motion in limine, and the appeal from the judgment are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the cross motion which is for an award of costs and an attorney's fee is denied without prejudice to seeking the same relief in the Supreme Court, Dutchess County; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the application is denied without prejudice to seeking the same relief in the Supreme Court, Dutchess County.

LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court