MATTER OF CHRISTINE BONACCI (FORMERLY KNOWN AS CHRISTINE ELLIS) V JAMES PASSARELLA
Motion No: CAF 11-01765
Slip Opinion No: 2011 NY Slip Op 87228(U)
Decided on October 18, 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.


October 18, 2011

PRESENT: FAHEY, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 11-01765
DOCKET NO. V-07504-08-10A

MATTER OF CHRISTINE BONACCI (FORMERLY KNOWN AS

CHRISTINE ELLIS), PETITIONER-RESPONDENT,

V

JAMES PASSARELLA, 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, Monroe County, entered in the Office of the Clerk of said Court on March 14, 2011,

Now, upon reading and filing the affidavit of James R. Passarella, sworn to August 25, 2011, the notice of motion with proof of service thereof, and the statement of Brett C. Granville, Esq., dated August 26, 2011, 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: October 18, 2011

PATRICIA L. MORGAN, Clerk