| MATTER OF LAURA ENFIELD V TIMOTHY ENFIELD |
| Motion No: CAF 09-02545 |
| Slip Opinion No: 2010 NY Slip Op 62007(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 09-02545
DOCKET NOS. V-09629-09, V-09630-09
| MATTER OF LAURA ENFIELD, PETITIONER-RESPONDENT, V TIMOTHY
ENFIELD, RESPONDENT-APPELLANT. |
Petitioner-respondent having applied for permission to respond to the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on August 17, 2009, as a poor person, and for assignment of counsel,
Now, upon reading and filing the certification of Denis A. Kitchen, Jr., Esq., dated December 8, 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