| MATTER OF ABIGAIL H., JASMINE H., ISAAC H., LUKE H., JR., AND DYLAN H. |
| Motion No: CAF 09-00239 |
| Slip Opinion No: 2009 NYSlipOp 65532(U) |
| Decided on February 26, 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: HURLBUTT, J. P., MARTOCHE, CENTRA, CARNI, AND GREEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00239
DOCKET NO. NN-001183/1187-08
| MATTER OF ABIGAIL H., JASMINE H., ISAAC H., LUKE H., JR., AND DYLAN
H. LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT, TONYA H.,
RESPONDENT-APPELLANT. |
Respondent-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Livingston County, entered in the Office of the Clerk of said Court on December 16, 2008,
Now, upon reading and filing the affidavit of Tonya H., sworn to January 9, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied 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: February 26, 2009
JOANN M. WAHL, Clerk