| Matter of Moreno v Luongo |
| Motion No: 2010-09864 |
| Slip Opinion No: 2010 NY Slip Op 92019(U) |
| Decided on December 29, 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. |
Appellate Division: Second Judicial Department
M112890
E/sl
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2010-09864 In the Matter of Vivian M. Moreno, appellant, v Joseph L. Luongo, respondent.
(Docket No. V-3767/08)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the respondent on an appeal from an order of the Family Court, Orange County, dated August 13, 2010, to be relieved and for the assignment of new counsel.
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 on the Court's own motion, 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); and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court