MATTER OF SETH L.
Motion No: CAF 10-01994
Slip Opinion No: 2010 NY Slip Op 86922(U)
Decided on October 27, 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.


October 27, 2010

PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND GREEN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-01994
DOCKET NO. NN-8635-09

MATTER OF SETH L.



ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

KIMBERLY L., RESPONDENT-APPELLANT.


An appeal having been taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on August 10, 2010,

Now, on the Court's own motion,

It is hereby ORDERED that 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: October 27, 2010

PATRICIA L. MORGAN, Clerk