MATTER OF RICHARD PERNICONE V BETH A. NICKERSON
Motion No: CAF 16-00136
Slip Opinion No: 2016 NY Slip Op 65364(U)
Decided on February 24, 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.


February 24, 2016

PRESENT: PERADOTTO, J.P., CARNI, DEJOSEPH, CURRAN, AND TROUTMAN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 16-00136
DOCKET NO. V-00472-12-15C
DOCKET NOS. V-00472-12/15D AND V-00472-12/15E

MATTER OF RICHARD PERNICONE, PETITIONER-RESPONDENT,

V

BETH A. NICKERSON, RESPONDENT-APPELLANT.



MATTER OF BETH A. NICKERSON, PETITIONER-APPELLANT,

V

RICHARD L. PERNICONE, RESPONDENT-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 December 14, 2015,

Now, upon reading and filing the affidavit of Beth A. Nickerson, sworn to January 15, 2016, 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 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: February 24, 2016

FRANCES E. CAFARELL, Clerk