Opinion
July 11, 1994
Appeal from the Family Court, Dutchess County (Bernhard, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
On December 4, 1990, Michael Tissiera stipulated, in the presence of counsel and in open court, that he had willfully disobeyed the Family Court's order of support, that he had the ability to make the ordered payments, and that if he did not pay $500 within 60 days, plus $35 per week, he would be subject to a 60 day term of imprisonment. The court set forth the terms of that stipulation in an order dated January 7, 1991, from which Mr. Tissiera now appeals. No appeal lies from an order entered by consent upon the stipulation of the appealing party (see, Tongue v. Tongue, 61 N.Y.2d 809; Matter of Gerald H., 158 A.D.2d 599; Katz v. Katz, 68 A.D.2d 536; Matter of Araujo v. Araujo, 38 A.D.2d 537). Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.