| MATTER OF DALISTA C. HOVEY V KEVIN J. WEBER |
| Motion No: CAF 09-01173 |
| Slip Opinion No: 2009 NY Slip Op 86606(U) |
| Decided on October 20, 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., SMITH, CENTRA, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-01173
DOCKET NO. V-155-00-08D & E
| MATTER OF DALISTA C. HOVEY, PETITIONER-APPELLANT, V KEVIN J.
WEBER, RESPONDENT-RESPONDENT. |
Counsel for appellant having moved to be relieved of her assignment on the appeal taken herein from an order of the Family Court, Genesee County, entered in the office of the Clerk of said Court on April 30, 2009,
Now, upon reading and filing the affirmation of Mary P. Davison, Esq., dated September 9, 2009, the notice of motion with proof of service thereof, the affirmation of Jeffrey D. Oshlag, Esq., dated September 23, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted 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: October 20, 2009
PATRICIA L. MORGAN, Clerk