Appellate Division: Second Judicial Department

M160250

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2013-05938 In the Matter of Edward Noel, respondent, v Jacmil L. Rodriguez, appellant. (Docket Nos. V-30107-12, V-30108-12)

DECISION & ORDER ON MOTION

Appeal by Jacmil L. Rodriguez from an order of the Family Court, Kings County, dated March 29, 2013. By order to show cause dated June 20, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings on the ground that no appeal lies from an order entered upon the consent of the appealing party. Motion by the appellant pro se for poor person relief and the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the appellant's motion is denied as academic.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court