Matter of Garcia v Escobar
Motion No: 2009-11029
Slip Opinion No: 2009 NY Slip Op 91173(U)
Decided on December 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M95919

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-11029

In the Matter of John Dominic Garcia, appellant,

v Gloria Esther Escobar, respondent.

(Docket Nos. V-1477-08, V-03860-09)

DECISION & ORDER ON MOTION

Appeal by John Dominic Garcia from an order of the Family Court, Westchester County, dated October 14, 2009.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court