| MATTER OF SOU PHOMMAVONGSA V MICHAEL RODOLPH |
| Motion No: CAF 15-01919 |
| Slip Opinion No: 2015 NY Slip Op 92335(U) |
| Decided on December 1, 2015 |
| 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: SMITH, J.P., CENTRA, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.
APPELLATE DIVISION DOCKET NO. CAF 15-01919
DOCKET NO. F-03621-15-15A
| MATTER OF SOU PHOMMAVONGSA, PETITIONER-RESPONDENT, V MICHAEL
RODOLPH, 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, Erie County, entered in the Office of the Clerk of said Court on September 17, 2015,
Now, upon reading and filing the affidavit of Michael R. Rodolph, sworn to October 26, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the appeal is dismissed on the ground that no appeal lies from an order of Family Court denying objections to the order of a Support Magistrate that was entered upon consent (see Matter of Culton v Culton, 2 AD3d 1446), and
It is further ORDERED that the motion is dismissed.
Entered: December 1, 2015
FRANCES E. CAFARELL, Clerk