MATTER OF ANDREA E.
Motion No: CAF 10-00356
Slip Opinion No: 2010 NY Slip Op 67840(U)
Decided on March 1, 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.


March 1, 2010

PRESENT: FAHEY, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-00356
DOCKET NO. S-01780-08-09C

MATTER OF ANDREA E., RESPONDENT.



ONTARIO COUNTY ATTORNEY, PETITIONER.

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MATTER OF ONTARIO COUNTY PROBATION DEPARTMENT,

PETITIONER-RESPONDENT;

CHARLOTTE E., 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, Ontario County, entered in the Office of the Clerk of said Court on January 11, 2010,

Now, upon reading and filing the certification of Jonathan Lorge, Esq., dated February 10, 2010,

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: March 1, 2010

PATRICIA L. MORGAN, Clerk