1. Home
  2. Browse Decisions
  3. NY
  4. 2009 NY
  5. 2009 NY Slip Op 06423
 

VITARELLE v. VITARELLE

2008-01844.

2009 NY Slip Op 06423

RICHARD T. VITARELLE, SR., appellant, v. RICHARD T. VITARELLE, JR., ETC., respondent.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Greshin, Ziegler & Amicizia, LLP, Smithtown, N.Y. (Matthew H. Bligh of counsel), for appellant.

Siben & Siben, LLP, Bay Shore, N.Y. (Michael P. DeNoto of counsel), for respondent.

Before: A. Gail Prudenti, P.J., Howard Miller, Joseph Covello, Leonard B. Austin, JJ.

DECISION & ORDER

ORDERED that the appeal is dismissed, with costs.

The plaintiff consented to the portion of the judgment appealed from which awarded possession of the subject premises to the defendant. Accordingly, the appeal must be dismissed, as no appeal lies from a judgment entered upon the consent of the appealing party (see CPLR 5511; Matter of Shteierman v Shteierman, 29 A.D.3d 810; Ryan Mgt...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases