MATTER OF ANGEL M. TORO V PAUL M. MASTRACCO
Motion No: CAF 13-00768
Slip Opinion No: 2013 NY Slip Op 73861(U)
Decided on May 14, 2013
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 14, 2013

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

APPELLATE DIVISION DOCKET NO. CAF 13-00768
DOCKET NO. V-10716-00-11AI

MATTER OF ANGEL M. TORO, PETITIONER-APPELLANT,

V

PAUL M. MASTRACCO, RESPONDENT-RESPONDENT.


Petitioner-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, Oneida County, entered in the Office of the Clerk of said Court on July 31, 2012,

Now, upon reading and filing the certification of Jennifer D. Hurley, Esq., dated April 24, 2013, 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 14, 2013

FRANCES E. CAFARELL, Clerk