Matter of Polche v Polche
2011 NY Slip Op 08158 [89 AD3d 855]
November 9, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


In the Matter of Marie L. Polche, Respondent,
v
Joseph Guillaume Polche, Appellant. (Proceeding No. 1.) In the Matter of Joseph Guillaume Polche, Respondent, v Marie L. Polche, Appellant. (Proceeding No. 2.)

[*1] Lisa Lewis, Brooklyn, N.Y., for appellant.

Patrick R. Garcia, Brooklyn, N.Y., for respondent.

In related child custody proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Valme-Lundy, R.), dated November 24, 2010, which, upon the consent of the parties, inter alia, granted the mother's petition for sole custody of the parties' child.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511; Matter of Walsh v Walsh, 56 AD3d 568, 568-569 [2008]). Mastro, J.P., Dillon, Sgroi and Miller, JJ., concur.