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Goodman v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1989
150 A.D.2d 636 (N.Y. App. Div. 1989)

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. SUSA

Opinion

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.


Summaries of

Goodman v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1989
150 A.D.2d 636 (N.Y. App. Div. 1989)

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. SUSA
Case details for

Goodman v. Goodman

Case Details

Full title:MARK B. GOODMAN, Appellant, v. BEATRICE GOODMAN, Respondent

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

Date published: May 22, 1989

Citations

150 A.D.2d 636 (N.Y. App. Div. 1989)
541 N.Y.S.2d 511

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