MATTER OF LINDA MARIE TALLY V ROY ALLEN MURPHY, JR.
Motion No: CAF 15-01955
Slip Opinion No: 2015 NY Slip Op 93758(U)
Decided on December 9, 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.


December 9, 2015

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND DEJOSEPH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-01955
DOCKET NO. V-1189-10-15CH

MATTER OF LINDA MARIE TALLY, PETITIONER-APPELLANT,

V

ROY ALLEN MURPHY, JR., RESPONDENT-RESPONDENT.


An appeal having been taken herein from an order of the Family Court, Chautauqua County, entered in the office of the Clerk of said Court on October 21, 2015, and an application having been made by Michael L. Kobiolka, Esq., for substitution of counsel as attorney for the child,

Now, upon reading and filing the statement of Michael L. Kobiolka, Esq., dated November 10, 2015, 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 entered upon consent (see Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652), and

It is further ORDERED that the application is dismissed.

Entered: December 9, 2015

FRANCES E. CAFARELL, Clerk