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MATTER OF ARCHIE C. CULTON, JR., PETITIONER-APPELLANT, v. SARONDA T. CULTON, RESPONDENT-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Petitioner contends that Family Court erred in denying his objections to the order of the Hearing Examiner modifying his support obligations. The Hearing Examiner's order is based upon a written stipulation executed by the parties, however, "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 Misti Z., 300 A.D.2d 1147).

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IN THE MATTER OF CULTON v. CULTON
(Dec 31, 2003)