From Casetext: Smarter Legal Research

In the Matter of Martinez v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2005
15 A.D.3d 663 (N.Y. App. Div. 2005)

Opinion

2004-05308.

February 28, 2005.

In a child support proceeding pursuant to Family Court Act article 4, Geraldo Martinez appeals, as limited by his brief, from so much of an order of the Family Court, Orange County (Kiedaisch, J.), dated May 27, 2004, as corrected by an order dated August 31, 2004, as, after a hearing, and upon the parties' stipulation of settlement, found him to be in violation of a prior order of support and fixed his child support arrears at $5,987.28.

Ordered that the appeal is dismissed, with costs, as no appeal lies from an order entered on the consent of the parties.

Before: Luciano, J.P., Crane, Fisher and Lifson, JJ., concur.


The order appealed from specifically stated that it was "based upon the stipulation of settlement reached between the parties." Since it was made on consent of the parties, it is not appealable ( see Matter of Brouwer v. Pacicca, 291 AD2d 448).


Summaries of

In the Matter of Martinez v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2005
15 A.D.3d 663 (N.Y. App. Div. 2005)
Case details for

In the Matter of Martinez v. Martinez

Case Details

Full title:In the Matter of CYNTHIA MARTINEZ, Respondent v. GERALDO MARTINEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 28, 2005

Citations

15 A.D.3d 663 (N.Y. App. Div. 2005)
789 N.Y.S.2d 914

Citing Cases

Mtr. of Kennedy v. Kennedy

Before: Crane, J.P., Ritter, Lunn and Covello, JJ., concur. Ordered that the appeal is dismissed, without…

Indymac Federal Bank, FSB v. Batista

ORDERED that the order is reversed, on the law, with costs. Contrary to the contention of the defendant Luisa…