| MATTER OF ANASTASIA RIAZANTSEVA V PANAGIOTIS CARACALOS |
| Motion No: CAF 09-01660 |
| Slip Opinion No: 2009 NY Slip Op 83251(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 09-01660
DOCKET NO. F-07032-07
| MATTER OF ANASTASIA RIAZANTSEVA,
PETITIONER-RESPONDENT, V PANAGIOTIS CARACALOS, RESPONDENT-APPELLANT. |
Respondent-appellant having moved for an extension of time to perfect 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 12, 2009,
Now, upon reading and filing the affidavit of A.L. Beth O'Connor, Esq., sworn to August 10, 2009, the notice of motion with proof of service thereof, the affirmation of James P. Harrington, Esq., dated August 19, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that 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 order before the Support Magistrate.
Entered: September 9, 2009
PATRICIA L. MORGAN, Clerk