| MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF SHERRY JASKIER V SCOTT C. PELINO |
| Motion No: CAF 09-01731 |
| Slip Opinion No: 2009 NY Slip Op 83248(U) |
| Decided on September 9, 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: HURLBUTT, J.P., SMITH, CENTRA, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-01731
DOCKET NOS. F-15227-00/08G, F-15227-00/08F
| MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF
SHERRY JASKIER, PETITIONER-RESPONDENT, V SCOTT C. PELINO, RESPONDENT-APPELLANT. |
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, Erie County, entered in the Office of the Clerk of said Court on April 13, 2009,
Now, upon reading and filing the certification of David W. Wilson, Esq., dated May 5, 2009, the affidavit of Scott C. Pelino, sworn to August 4, 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 Steuben County Support Collection Unit v Bartholomew,
2 AD3d 1434).
Memorandum: Appellant's remedy is to move to vacate the consent orders before the Support Magistrate.
Entered: September 9, 2009
PATRICIA L. MORGAN, Clerk