| MATTER OF CHEYENNE E. SMITH V CHERYL E. VISKER |
| Motion No: CAF 16-00301 |
| Slip Opinion No: 2016 NY Slip Op 69577(U) |
| Decided on April 6, 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: CENTRA, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.
APPELLATE DIVISION DOCKET NO. CAF 16-00301
DOCKET NO. V-1298-10-14F
| MATTER OF CHEYENNE E. SMITH, PETITIONER-RESPONDENT, V CHERYL E.
VISKER, RESPONDENT-APPELLANT. |
Respondent-appellant having applied 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, Cattaraugus County, entered in the Office of the Clerk of said Court on February 10, 2016,
Now, upon reading and filing the certification of Bronwyn Enders, Esq., dated February 19, 2016, and the statement of M. Mark Howden, Esq., dated February 22, 2016, 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: April 6, 2016
FRANCES E. CAFARELL, Clerk