| Matter of Hicks v Hicks |
| Motion No: 2010-08509 |
| Slip Opinion No: 2011 NY Slip Op 62867(U) |
| Decided on February 2, 2011 |
| 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
M114793
E/ct
MARK C. DILLON, J.P.
JOSEPH COVELLO
ANITA R. FLORIO
L. PRISCILLA HALL, JJ.
|
2010-08509 In the Matter of Linda Hicks, respondent, v John Hicks, appellant. (Docket No. V-2455/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated December 9, 2010, which dismissed an appeal from an order of the Family Court, Dutchess County, entered July 27, 2010, on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511), and to reinstate the appeal.
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 denied.
DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court