| MATTER OF JORDAN P. AND ALLECIA H. |
| Motion No: CAF 08-02290 |
| Slip Opinion No: 2009 NY Slip Op 73568(U) |
| Decided on May 12, 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: MARTOCHE, J. P., SMITH, PERADOTTO, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02290
DOCKET NOS. NN-3810, 3811-07
| MATTER OF JORDAN P. AND ALLECIA H. JEFFERSON COUNTY
DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; KRISTIE P., RESPONDENT-APPELLANT. |
Counsel for respondent-appellant having moved to dismiss the appeal taken herein from an order of the Family Court, Jefferson County, entered in the Office of the Clerk of said Court on October 31, 2008,
Now, upon reading and filing the affirmation of Paloma A. Capanna, Esq., dated April 20, 2009, the notice of motion with proof of service thereof, the statement of Kathryn G. Wolfe, Esq., dated April 28, 2009, the affidavit of Lisa Weldon, Esq., sworn to April 30, 2009, 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: May 12, 2009
PATRICIA L. MORGAN, Clerk