Legal Opinion

Torrey v. Dempsey

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1998PublishedCited by 1 opinion

1Opinion of the Court

—Appeal unanimously dismissed without costs. Memorandum: The appeal must be dismissed. The record establishes that, during the hearing on petitioner’s violation petition and respondent’s petition to modify the terms of the original support order, the attorneys for the parties agreed upon the amount of arrears and the manner in which the previous order should be modified. Thus, while the order does not specify that it was entered upon the consent of the parties, the record establishes that it was entered on consent, and no appeal lies from such an order (see, CPLR 5511; Matter of Tina G., 242…

2Cases cited3 opinions

  1. Charles v. LewisAppellate Division of the Supreme Court of the State of New York · 1996
  2. In re Tina G.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Anderson v. JeandheurAppellate Division of the Supreme Court of the State of New York · 1963

3Cited by1 opinion

  1. Jerri D. v. Jarrett H.Appellate Division of the Supreme Court of the State of New York · 2002

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