Matter of Foote v Tien
Motion No: 2010-01552
Slip Opinion No: 2010 NY Slip Op 64058(U)
Decided on February 23, 2010
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

M98919

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-01552

In the Matter of Walter Foote, respondent,

v Lin Tien, appellant.

(Docket Nos. V-13363-08, V-040567-09)

DECISION & ORDER ON MOTION

Appeal by Lin Tien from an order of the Family Court, Westchester County, dated November 10, 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