| MATTER OF JOSE ARROYO V SHEENA BUTRICA |
| Motion No: CAF 09-02458 |
| Slip Opinion No: 2010 NY Slip Op 62000(U) |
| Decided on January 19, 2010 |
| 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 09-02458
DOCKET NOS. V-16398-08/09D, V-16399-08/09D
| MATTER OF JOSE ARROYO, PETITIONER-RESPONDENT, V SHEENA
BUTRICA, RESPONDENT-APPELLANT. |
Respondent-appellant having applied 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 October 28, 2009,
Now, upon reading and filing the certification of Stephen K. Underwood, Esq., dated November 23, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the application 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 Family Court to vacate the order (see Matter of Ras v Rupp, 295 AD2d 892).
Entered: January 19, 2010
PATRICIA L. MORGAN, Clerk