| MATTER OF ROCKO LEE NEMO, SR. V TANYA LYN RUDE AND GRACE RUDE MATTER OF ROCKO LEE NEMO, SR. V TANYA LYN RUDE AND GRACE |
| Motion No: CAF 08-02235 |
| Slip Opinion No: 2008 NYSlipOp 90904(U) |
| Decided on December 3, 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 08-02235
DOCKET NOS. V-01845-08/08A, V-01846-08/08A
APPELLATE DIVISION DOCKET NO. CAF 08-02236
DOCKET NOS. V-01845-08/08D, V-01846-08/08D
APPELLATE DIVISION DOCKET NO. CAF 08-02237
DOCKET NOS. V-01845-08/08C, V-01846-08/08C
| MATTER OF ROCKO LEE NEMO, SR., PETITIONER-APPELLANT,
V
TANYA LYN RUDE AND GRACE RUDE, RESPONDENTS-RESPONDENTS. MATTER OF ROCKO LEE NEMO, SR., PETITIONER-APPELLANT, V TANYA LYN
RUDE AND GRACE RUDE, RESPONDENTS-RESPONDENTS. MATTER OF TANYA (RUDE) PROVOST, PETITIONER-RESPONDENT, V ROCKO L. NEMO, SR.,
RESPONDENT-APPELLANT. |
Appellant having applied for permission to proceed as a poor person and for the assignment of counsel on the appeals taken herein from orders of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on August 26, 2008, and October 6, 2008,
Now, upon reading and filing the certification of Alan T. Nicolette, Esq., dated October 22, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the application is denied and the appeals are 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 orders (see Matter of Ras v Rupp, 295 AD2d 892).
Entered: December 3, 2008
JOANN M. WAHL, Clerk