| MATTER OF MARY CELOTTO V DAVID THIES |
| Motion No: CAF 10-01403 |
| Slip Opinion No: 2010 NY Slip Op 77485(U) |
| Decided on July 14, 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, FAHEY, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-01403
DOCKET NO. O-08210-10
| MATTER OF MARY CELOTTO, PETITIONER-RESPONDENT, V DAVID THIES,
RESPONDENT-APPELLANT. |
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, Erie County, entered in the Office of the Clerk of said Court on June 1, 2010,
Now, upon reading and filing the affidavit of David R. Thies, sworn to June 2, 2010, 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).
Entered: July 14, 2010
PATRICIA L. MORGAN, Clerk