| MATTER OF MELANIE KUSHNER ATTARDO V PAUL C. KREUTZ |
| Motion No: CAF 15-02026 |
| Slip Opinion No: 2016 NY Slip Op 61997(U) |
| Decided on January 13, 2016 |
| 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, CARNI, LINDLEY, AND SCUDDER, JJ.
APPELLATE DIVISION DOCKET NO. CAF 15-02026
DOCKET NOS. V-00968-08/14G, V-00262-11/14C
| MATTER OF MELANIE KUSHNER ATTARDO,
PETITIONER-RESPONDENT, V PAUL C. KREUTZ, 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, Niagara County, entered in the Office of the Clerk of said Court on July 10, 2014,
Now, upon reading and filing the affidavit of Paul C. Kreutz, sworn to September 9, 2015, the notice of motion with proof of service thereof, and the statement of Brian D. Seaman, Esq., dated November 2, 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 motion is dismissed.
Entered: January 13, 2016
FRANCES E. CAFARELL, Clerk