MATTER OF KENNETH JUSTIN JONES V MAUREEN OLA CHIJIOKE MATTER OF KENNETH JUSTIN JONES V MAUREEN OLA CHIJIOKE
Motion No: CAF 09-01181
Slip Opinion No: 2009 NY Slip Op 78763(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.


July 15, 2009

PRESENT: SMITH, J. P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-01181
DOCKET NO. V-07742-07/09J
APPELLATE DIVISION DOCKET NO. CAF 09-01182
DOCKET NOS. V-07742-07/08D, V-07742-07/08E, V-07742-07/08F,
V-07742-07/09G, V-07742-07/09H, V-07742-07/09I,
V-07742-07/09K

MATTER OF KENNETH JUSTIN JONES, PETITIONER-RESPONDENT,

V

MAUREEN OLA CHIJIOKE, RESPONDENT-APPELLANT.

MATTER OF KENNETH JUSTIN JONES, PETITIONER-RESPONDENT,

V

MAUREEN OLA CHIJIOKE, RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on June 3, 2009,

Now, upon reading and filing the affirmation of Marc Shatkin, Esq., dated June 5, 2009, the affidavit of Maureen Chijioke, sworn to May 11, 2009, the notice of motion with proof of service thereof, the statement of Stephanie Joy Calhoun, Esq., filed June 15, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied and the appeals are 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 orders (see Matter of Ras v Rupp, 295 AD2d 892).

Entered: July 15, 2009

PATRICIA L. MORGAN, Clerk