| MATTER OF JULIE D. V MICHAEL W. |
| Motion No: CAF 07-02239 |
| Slip Opinion No: 2007 NYSlipOp 84676(U) |
| Decided on November 27, 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., SMITH, CENTRA, LUNN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 07-02239
DOCKET NOS. V-07316-96/07A
| MATTER OF JULIE D., PETITIONER-APPELLANT, V MICHAEL W.,
RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved 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, Erie County, entered in the Office of the Clerk of said Court on July 27, 2007,Now, upon reading and filing the affidavit of Julie D., sworn to September 14, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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: November 27, 2007
JOANN M. WAHL, Clerk