| MATTER OF BRITTNEY P. |
| Motion No: CAF 08-00474 |
| Slip Opinion No: 2008 NYSlipOp 68306(U) |
| Decided on April 2, 2008 |
| 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: MARTOCHE, J. P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00474
DOCKET NO. NA-0786-07
| MATTER OF BRITTNEY P. WAYNE COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; DAVID T., RESPONDENT-APPELLANT. |
Respondent-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, Wayne County, entered in the Office of the Clerk of said Court on February 21, 2008,
Now, upon reading and filing the affidavit of David T., sworn to January 25, 2008, the notice of motion with proof of service thereof, the statement of Daniel C. Connors, Esq., dated March 21, 2008, 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: April 2, 2008
JOANN M. WAHL, Clerk