| MATTER OF TIMOTHY MICHAEL JURGES V STACY LEE JURGES |
| Motion No: CAF 09-02132 |
| Slip Opinion No: 2009 NY Slip Op 90740(U) |
| Decided on December 2, 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, SMITH, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-02132
DOCKET NOS. V-00017-09, V-00018-09-2009-6
| MATTER OF TIMOTHY MICHAEL JURGES,
PETITIONER-APPELLANT, V STACY LEE JURGES, RESPONDENT-RESPONDENT. |
Petitioner-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 Supreme Court, Chautauqua County, dated August 20, 2009,
Now, upon reading and filing the affidavit of Timothy Jurges, sworn to October 8, 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 entered upon consent (see Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652).
Memorandum: Appellant's remedy is to move in Supreme Court to vacate the order (see Matter of Ras v Rupp, 295 AD2d 892).
Entered: December 2, 2009
PATRICIA L. MORGAN, Clerk