| MATTER OF CALEB B. |
| Motion No: CAF 09-01448 |
| Slip Opinion No: 2009 NY Slip Op 81486(U) |
| Decided on August 19, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-01448
DOCKET NO. N-2049-08
| MATTER OF CALEB B. CHAUTAUQUA COUNTY DEPARTMENT OF
SOCIAL SERVICES, PETITIONER-RESPONDENT; ANDREW B., RESPONDENT-APPELLANT. |
An appeal having been taken herein from an order of the Family Court, Chautauqua County, entered in the Office of the Clerk of said Court on June 8, 2009,
Now, on the Court's own motion,
It is hereby ORDERED that 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: August 19, 2009
PATRICIA L. MORGAN, Clerk