| Matter of Adney v Morton |
| 2009 NY Slip Op 09844 [68 AD3d 1742] |
| December 30, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Frances Adney, Appellant, v Herbert J. Morton, III, Respondent. |
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William D. Broderick, Jr., Elma, for respondent-respondent.
Christopher J. Brechtel, Law Guardian, Buffalo, for Goldie M.
Mary E. Giallanza, Law Guardian, Buffalo, for Herbert M., IV.
David S. Kelly, Law Guardian, Kenmore, for Matthew M.
Appeal from an order of the Family Court, Erie County (Sharon M. LoVallo, J.), entered September 12, 2008 in a proceeding pursuant to Domestic Relations Law article 5-A. The order granted the petition for enforcement of an order of custody and visitation.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: This appeal by petitioner mother from an order entered upon her stipulation in open court must be dismissed. "No appeal lies from an order entered upon the parties' consent" (Matter of Cherilyn P., 192 AD2d 1084 [1993], lv denied 82 NY2d 652 [1993]; see Matter of Desmond S., 285 AD2d 994 [2001], lv dismissed 97 NY2d 693 [2002]). Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.