| MATTER OF WILLIAM E. BRIZZEE V DIANE G. BARRY |
| Motion No: CAF 14-00306 |
| Slip Opinion No: 2014 NY Slip Op 68963(U) |
| Decided on April 8, 2014 |
| 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: FAHEY, J.P., PERADOTTO, CARNI, LINDLEY, AND WHALEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 14-00306
DOCKET NO. V-1343-06-13
| MATTER OF WILLIAM E. BRIZZEE,
PETITIONER-RESPONDENT, V DIANE G. BARRY, 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, Livingston County, entered in the Office of the Clerk of said Court on February 3, 2014,
Now, upon reading and filing the affidavit of Diane Barry, sworn to February 10, 2014, 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: April 8, 2014
FRANCES E. CAFARELL, Clerk