| MATTER OF CHRISTINE BARRACLOUGH V DAVID BARRACLOUGH MATTER OF CHRISTINE BARRACLOUGH V DAVID BARRACLOUGH |
| Motion No: CAF 10-02108 |
| Slip Opinion No: 2010 NY Slip Op 90186(U) |
| Decided on December 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. |
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-02108
DOCKET NO. V-01331-10
APPELLATE DIVISION DOCKET NO. CAF 10-02109
DOCKET NO. O-01421-10
| MATTER OF CHRISTINE
BARRACLOUGH, PETITIONER-RESPONDENT, V DAVID BARRACLOUGH, RESPONDENT-APPELLANT. MATTER OF CHRISTINE
BARRACLOUGH, PETITIONER-RESPONDENT, V DAVID BARRACLOUGH, RESPONDENT-APPELLANT. |
The attorney for the child Sydney B., having moved to dismiss the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on July 14, 2010, on the ground that appellant has failed to perfect the appeals timely, and for other relief,
Now, upon reading and filing the affirmation of Catherine E. Nagel, Esq., dated October 14, 2010, the notice of motion with proof of service thereof, the affidavit of David Barraclough, sworn to October 21, 2010, the affirmation of Jennifer P. Stergion, Esq., dated October 22, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeals for failure to timely perfect is dismissed, and
It is further ORDERED that the appeals are 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: December 1, 2010
PATRICIA L. MORGAN, Clerk