Matter of Wilkinson v Drummond
Motion No: 2008-02277
Slip Opinion No: 2008 NYSlipOp 80011(U)
Decided on August 13, 2008
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M74306

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-02277

In the Matter of Donald M. Wilkinson, Jr.,

respondent, v Marissa A. Drummond, appellant.

(Docket No. V-18671-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated January 14, 2008, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court