MATTER OF DEVON L. SCHUMACHER V MICHAEL F. SCHUMACHER, JR.
Motion No: CAF 12-00769
Slip Opinion No: 2012 NY Slip Op 74136(U)
Decided on May 16, 2012
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 16, 2012

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

APPELLATE DIVISION DOCKET NO. CAF 12-00769
DOCKET NO. O-00002-12

MATTER OF DEVON L. SCHUMACHER, PETITIONER-RESPONDENT,

V

MICHAEL F. SCHUMACHER, JR., RESPONDENT-APPELLANT.


Respondent-appellant having applied 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, Onondaga County, entered in the Office of the Clerk of said Court on March 7, 2012,

Now, upon reading and filing the certification of Piotr Banasiak, Esq., dated April 25, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the application 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 16, 2012

FRANCES E. CAFARELL, Clerk