Appellate Division: Second Judicial Department

M179840

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2014-07017 In the Matter of Stephanie Melendez, respondent, v Javiere Melendez, appellant. (Docket Nos. V-12918-13, V-12919-13, V-12920-13)

DECISION & ORDER ON MOTION

Appeal by Javiere Melendez from an order of the Family Court, Westchester County, dated April 23, 2014. By order to show cause dated August 12, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings on the ground that no appeal lies from an order entered upon the consent of an appealing party. Motion by the respondent to dismiss the appeal on the grounds that the appeal was untimely taken, the appeal has been rendered academic, and the appellant lacks standing to perfect the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that no appeal lies from an order entered upon the consent of an appealing party is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the respondent's motion is denied as academic.

DILLON, J.P., BALKIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court