| Sheynkman v Nesterenko |
| Motion No: 2009-05087 |
| Slip Opinion No: 2009 NY Slip Op 78704(U) |
| Decided on July 22, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M89790
E/sl
STEVEN W. FISHER, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-05087 Alexandr Sheynkman, et al., respondents, v Mikhail A. Nesterenko, et al., appellants. (Index No. 21477/05)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 31, 2009, on the ground that no appeal lies from an order entered on the consent of the appealing party.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered on consent of the appealing party (see Baecher v Baecher, 95 AD2d 841).
FISHER, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court