Opinion
CAF 03-00552.
Decided on March 19, 2004.
Appeal from an order of the Family Court, Wyoming County (Michael F. Griffith, J.), entered October 9, 2002. The order held respondent in contempt of a prior order and modified a prior visitation order.
CHARLES J. GREENBERG, BUFFALO, FOR PETITIONER-APPELLANT.
PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum: The order appealed from is based upon a stipulation entered into by the parties and placed on the record in open court, "and no appeal lies from an order entered upon consent" ( Matter of Desmond S., 285 A.D.2d 994, 994, lv dismissed 97 N.Y.2d 693; see Matter of Culton v. Culton, 2 A.D.3d 1446; Matter of Misti Z., 300 A.D.2d 1147; Matter of Cherilyn P., 192 A.D.2d 1084, lv denied 82 N.Y.2d 652).