MATTER OF DAVID G. CLARK V TANYA L. BUNCE
Motion No: CAF 11-00767
Slip Opinion No: 2011 NY Slip Op 73225(U)
Decided on May 17, 2011
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.


May 17, 2011

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, GREEN, AND MARTOCHE JJ.

APPELLATE DIVISION DOCKET NO. CAF 11-00767
DOCKET NO. O-00323-11

MATTER OF DAVID G. CLARK, PETITIONER-APPELLANT,

V

TANYA L. BUNCE, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on March 18, 2011, and for assignment of counsel,

Now, upon reading and filing the affidavit of David Clark, sworn to April 1, 2011, 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: May 17, 2011

PATRICIA L. MORGAN, Clerk