| MATTER OF GERALDINE METCALFE V SHONTRAIL MAYE |
| Motion No: CAF 11-01563 |
| Slip Opinion No: 2011 NY Slip Op 83000(U) |
| Decided on September 7, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 11-01563
DOCKET NO. V-01822-11
| MATTER OF GERALDINE METCALFE,
PETITIONER-RESPONDENT, V SHONTRAIL MAYE, 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 July 14, 2011,
Now, upon reading and filing the affidavit of Shontrail Maye, sworn to August 2, 2011, and 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: September 7, 2011
PATRICIA L. MORGAN, Clerk