| MATTER OF BRITTANY KIO V GEORGE LOWMAN |
| Motion No: CAF 09-00771 |
| Slip Opinion No: 2009 NY Slip Op 73569(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., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00771
DOCKET NO. O-01903-08
| MATTER OF BRITTANY KIO, PETITIONER-RESPONDENT, V GEORGE
LOWMAN, RESPONDENT-APPELLANT. |
Respondent-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Steuben County, entered in the Office of the Clerk of said Court on March 13, 2009,
Now, upon reading and filing the certification of Braddock S. Pierce, Esq., dated April 15, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the application 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: May 12, 2009
PATRICIA L. MORGAN, Clerk