| MATTER OF ARTHUR SPRINGS V ANITA JONES |
| Motion No: CAF 08-00945 |
| Slip Opinion No: 2008 NYSlipOp 72275(U) |
| Decided on May 14, 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: SCUDDER, P. J., HURLBUTT, SMITH, CENTRA, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00945
DOCKET NO. V-00174-07/07B
| MATTER OF ARTHUR SPRINGS, PETITIONER-RESPONDENT, V ANITA JONES,
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 Supreme Court, Erie County, dated January 25, 2008,
Now, upon reading and filing the affidavit of Anita Jones, sworn to
April 17, 2008, 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 Supreme Court to vacate the order (see Matter of Ras v Rupp, 295 AD2d 892).
Entered: May 14, 2008
JOANN M. WAHL, Clerk