| MATTER OF RASHIDA MAJEROWICZ V ARON MAJEROWICZ |
| Motion No: CAF 10-00301 |
| Slip Opinion No: 2010 NY Slip Op 67830(U) |
| Decided on February 23, 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: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00301
DOCKET NOS. V-09637-09, V-09638-09
| MATTER OF RASHIDA MAJEROWICZ, PETITIONER-APPELLANT, V ARON
MAJEROWICZ, RESPONDENT-RESPONDENT. |
Petitioner-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 January 21, 2010,
Now, upon reading and filing the certification of Kathleen M. McDonald, Esq., filed February 5, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied 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: February 23, 2010
PATRICIA L. MORGAN, Clerk