| MATTER OF DIANA AND BRUCE CLARK V JAMES SPITALE AND JENNY IBERO |
| Motion No: CAF 09-02623 |
| Slip Opinion No: 2010 NY Slip Op 62005(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 09-02623
DOCKET NO. V-777-01
| MATTER OF DIANA AND BRUCE
CLARK, PETITIONERS-RESPONDENTS, V JAMES SPITALE, RESPONDENT-APPELLANT, AND JENNY IBERO,
RESPONDENT. |
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, Chautauqua County, entered in the Office of the Clerk of said Court on October 5, 2009,
Now, upon reading and filing the affidavit of James Spitale, sworn to December 16, 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 Family Court to vacate the order (see Matter of Ras v Rupp, 295 AD2d 892).
Entered: January 19, 2010
PATRICIA L. MORGAN, Clerk