| MATTER OF BERNADETTE SIERAK V KYLE STARING |
| Motion No: CAF 08-01838 |
| Slip Opinion No: 2008 NYSlipOp 87778(U) |
| Decided on October 22, 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, PERADOTTO, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-01838
DOCKET NOS. V-06324-05/07A, V-03709-05/07A
| MATTER OF BERNADETTE SIERAK, PETITIONER-RESPONDENT, V KYLE
STARING, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on May 19, 2008,
Now, upon reading and filing the affirmation of William L. Koslosky, Esq., filed August 28, 2008, the notice of motion with proof of service thereof, the affirmation of Ann W. Manion, Esq., dated September 13, 2008, the statement of William L. Koslosky, Esq., dated September 16, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted 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: October 22, 2008
JOANN M. WAHL, Clerk