Majority
p. 1067In the Matter of Jay Poler, Sr., Appellant, v Lisa Larimer, Respondent. [614 NYS2d 350]
—Motion for leave to appeal as poor person and for assignment of counsel denied. Memorandum: The order sought to be appealed recites that it was entered on consent of the parties. Thus, no appeal lies because petitioner is not aggrieved (see, CPLR 5511; Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482 , 488; Matter of Brown v Starkweather, 197 AD2d 840 , 841, Iv denied 82 NY2d 653 ). Present—Pine, J. P., Balio, Lawton, Doerr and Davis, JJ.
Cases cited
- Town of Massena v. Niagara Mohawk Power Corp. 45 NY2d 482 at 488 p. 1067
- Brown v. Starkweather 197 AD2d 840 at 841 p. 1067