| MATTER OF MITCHELL J. WALDMAN V CHRISTINA G. WALDMAN |
| Motion No: CAF 09-00849 |
| Slip Opinion No: 2009 NY Slip Op 73616(U) |
| Decided on May 18, 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: CENTRA, J. P., FAHEY, PERADOTTO, CARNI, AND GREEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00849
DOCKET NO. F-09294-04/08
| MATTER OF MITCHELL J. WALDMAN,
PETITIONER-RESPONDENT, V CHRISTINA G. WALDMAN, RESPONDENT-APPELLANT. MATTER OF CHRISTINA G. WALDMAN,
PETITIONER-APPELLANT, V MITCHELL J. WALDMAN, RESPONDENT-RESPONDENT. |
Appellant having moved 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, Monroe County, entered in the Office of the Clerk of said Court on February 27, 2009,
Now, upon reading and filing the affidavits of Christina G. Waldman, sworn to April 23, 2009 and April 25, 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 of Family Court denying objections to the order of a support magistrate that was entered upon consent (see Matter of Culton v Culton, 2 AD3d 1446).
Memorandum: Appellant's remedy is to move to vacate the consent order before the support magistrate.
Entered: May 18, 2009
PATRICIA L. MORGAN, Clerk