| MATTER OF NEFRETERIA HARRIS V THERESA MOORE |
| Motion No: CAF 09-01299 |
| Slip Opinion No: 2009 NY Slip Op 78758(U) |
| Decided on July 15, 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: SMITH, J. P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-01299
DOCKET NO. V-19056-06/09A
| MATTER OF NEFRETERIA HARRIS,
PETITIONER-APPELLANT, V THERESA MOORE, RESPONDENT-RESPONDENT. |
Petitioner-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, Erie County, entered in the Office of the Clerk of said Court on May 20, 2009,
Now, upon reading and filing the affidavit of Nefreteria Harris, sworn to June 18, 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: July 15, 2009
PATRICIA L. MORGAN, Clerk