| MATTER OF CALLA C., DEVON M. M., HAYLEY N. C., MADISON C., RODNEY S. M., AND SABRINA M. |
| Motion No: CAF 08-02427 |
| Slip Opinion No: 2008 NYSlipOp 91638(U) |
| Decided on December 8, 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 LUNN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02427
DOCKET NOS. NN-00065-08, NN-00066-08, NN-00067-08, NN-00068-08
NN-00069-08, NN-00070-08
| MATTER OF CALLA C., DEVON M. M., HAYLEY N. C., MADISON C., RODNEY S. M.,
AND SABRINA M. ALLEGANY COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; DANIEL COOK,
RESPONDENT-APPELLANT. |
An appeal having been taken herein from an order of the Family Court, Allegany County, entered in the Office of the Clerk of said Court on October 31, 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 (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: December 8, 2008
JOANN M. WAHL, Clerk