| MATTER OF NIAYA W. |
| Motion No: CAF 08-02591 |
| Slip Opinion No: 2009 NYSlipOp 62182(U) |
| Decided on January 21, 2009 |
| 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., MARTOCHE, SMITH, PERADOTTO, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02591
DOCKET NO. B-6389-07
| MATTER OF NIAYA W. ONONDAGA COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; ANITA W. AND ANDRE O., RESPONDENTS-APPELLANTS. |
Appeals having been taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on November 3, 2008,
Now, on the Court's own motion,
It is hereby ORDERED that the appeal of respondent-appellant Anita W. is dismissed on the ground that no appeal lies from an order entered upon consent (see Matter of Ronald O., 43 AD3d 1351), and
It is further ORDERED that the appeal of respondent-appellant Andre O. is dismissed on the ground that no appeal lies from an order entered upon default (see CPLR § 5511).
Memorandum: Appellants' remedy is to move in Family Court to vacate the order.
ENTERED: January 21, 2009
JOANN M. WAHL, Clerk