| MATTER OF JOHN T. M. V ANN M. M. |
| Motion No: CAF 07-02130 |
| Slip Opinion No: 2007 NYSlipOp 81955(U) |
| Decided on October 22, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, SMITH, LUNN, AND PERADOTTO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 07-02130
DOCKET NO. V-00013-99/07D,E,F,G,H
DOCKET NO. V-00014/99/06D,E,F,G,H
| MATTER OF JOHN T. M., PETITIONER-APPELLANT, V ANN M. M., RESPONDENT-RESPONDENT. MATTER OF ANN M. M., PETITIONER-RESPONDENT, V JOHN T. M., RESPONDENT-APPELLANT. |
Appellant having applied for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Wyoming County, entered in the Office of the Clerk of said Court on September 14, 2007,Now, upon reading and filing the certification of Linda M. Jones, Esq., dated
October 9, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the application is denied and the appeal is dismissed on the ground that no appeal lies from an order entered upon consent (see Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652).
Memorandum: Appellant's remedy is to move in Family Court to vacate the order (see Matter of Ras v Rupp, 295 AD2d 892).
Entered: October 22, 2007
JOANN M. WAHL, Clerk