Opinion
No. 2008-01844.
September 8, 2009.
In an action to impose a constructive trust upon certain real property, the plaintiff Richard T Vitarelle, Sr., appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Blydenburgh, J.), dated December 5, 2006, as, on consent, awarded possession of the subject premises to the defendant.
Greshin, Ziegler Amicizia, LLP, Smithtown, N.Y. (Matthew H. Bligh of counsel), for appellant.
Siben Siben, LLP, Bay Shore, N.Y. (Michael P. DeNoto of counsel), for respondent.
Before: Prudenti, P.J., Miller, Covello and Austin, JJ., concur.
Ordered that the appeal is dismissed, with costs.
The plaintiff consented to the portion of the judgment appealed from which awarded possession of the subject premises to the defendant. Accordingly, the appeal must be dismissed, as no appeallies from a judgment entered upon the consent of the appealing party ( see CPLR 5511; Matter of Shteierman v Shteierman, 29 AD3d 810; Ryan Mgt. Corp. v Cataffo, 278 AD2d 217, 218).