Summary
acknowledging necessary pursuit of subdivision before planning board prior to applying for variance relief from zoning board
Summary of this case from TOWN OF CUMBERLAND v. SUSAOpinion
May 22, 1989
Appeal from the Supreme Court, Suffolk County (Colby, J.).
Ordered that the appeal is dismissed, with costs.
The order appealed from expressly recites that its terms were agreed upon by the parties, after conference. Since an order entered on consent is not appealable (see, Matter of Rosenhain, 139 A.D.2d 869; Bahr v Bahr, 105 A.D.2d 725; Baecher v Baecher, 95 A.D.2d 841; Matter of Pulver, 86 A.D.2d 705), and since the husband is not aggrieved within the meaning of CPLR 5511 by that to which he has consented (see, Smith v Hooker Chem. Plastics Corp., 69 N.Y.2d 1029; Pozzanghera v Anderson, 136 A.D.2d 912; Fuller v City of Yonkers, 100 A.D.2d 926), the appeal is dismissed. Mangano, J.P., Thompson, Eiber and Spatt, JJ., concur.