Matter of Cestero v Cestero
Motion No: 2012-08965
Slip Opinion No: 2013 NY Slip Op 75839(U)
Decided on June 5, 2013
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

M157466

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2012-08965

In the Matter of Miriam M. Cestero, respondent,

v Pauline Cestero, et al., appellants.

(Docket No. V-4799-10/11A)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Dutchess County, dated August 27, 2012, on the ground that no appeal lies from an order entered upon the consent of an appealing party.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court