IN RE: Marie L. Polche (2011)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Marie L. Polche, respondent, v. Joseph Guillaume Polche, appellant. (Proceeding No. 1) In the Matter of Joseph Guillaume Polche, respondent, v Marie L. Polche, appellant. (Proceeding No. 2)

2011–00117 (Docket Nos. V–21429 /10, V–21528 /10)

Decided: November 09, 2011

WILLIAM F. MASTRO, J.P. MARK C. DILLON SANDRA L. SGROI ROBERT J. MILLER, JJ.

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

Submitted—October 21, 2011

DECISION & ORDER

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 AD3d 568, 568–569).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court

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