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In the Matter of Marie L. Polche v. Polche

Supreme Court, Appellate Division, Second Department, New York.
Nov 9, 2011

Lisa Lewis, Brooklyn, N.Y., for appellant.Patrick R. Garcia, Brooklyn, N.Y., for respondent.

In related child custody proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Valme–Lundy, R.), dated November 24, 2010, which, upon the consent of the parties, inter alia, granted the mother's petition for sole custody of the parties' child.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed, as no appeal lies from an order entered upon the consent of the appealing party ( see CPLR 5511; Matter of Walsh v. Walsh, 56 A.D.3d 568, 568–569, 866 N.Y.S.2d 880).

MASTRO, J.P., DILLON, SGROI and MILLER, JJ., concur.