| Matter of Giammatteo v Giammatteo |
| Motion No: 2007-05542 |
| Slip Opinion No: 2007 NYSlipOp 77788(U) |
| Decided on September 12, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M59429
E/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
EDWARD D. CARNI, JJ.
|
2007-05542 In the Matter of Joseph Giammatteo, respondent, v Mary Giammatteo, appellant. (Docket No. V-00308-06)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Dutchess County, dated May 4, 2007, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 55511); and it is further,
ORDERED that the application is denied as academic.
CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court