| MATTER OF DAKOTA J. |
| Motion No: CAF 08-01077 |
| Slip Opinion No: 2008 NYSlipOp 75219(U) |
| Decided on June 17, 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: SMITH, J. P., LUNN, FAHEY, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-01077
DOCKET NO. NN-01281-07
| MATTER OF DAKOTA J. HERKIMER COUNTY DEPARTMENT OF
SOCIAL SERVICES, PETITIONER-RESPONDENT; CHRISTOPHER K., RESPONDENT-APPELLANT. |
An appeal having been taken herein from an order of the Family Court, Herkimer County, entered in the Office of the Clerk of said Court on April 16, 2008,
Now, on the Court's own motion,
It is hereby ORDERED that the appeal is dismissed on the ground that no appeal lies from an order entered upon consent (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: June 17, 2008
JOANN M. WAHL, Clerk