| MATTER OF CHRISTINE M. DAVIS V ROBERT M. DAVIS |
| Motion No: CAF 16-01118 |
| Slip Opinion No: 2016 NY Slip Op 80808(U) |
| Decided on July 20, 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, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
APPELLATE DIVISION DOCKET NO. CAF 16-01118
DOCKET NO. F-14626-15-15A
| MATTER OF CHRISTINE M. DAVIS, PETITIONER-APPELLANT, V ROBERT M.
DAVIS, RESPONDENT-RESPONDENT. |
Petitioner-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 May 11, 2016,
Now, upon reading and filing the affidavits of Christine M. Davis, sworn to June 10, 2016, and June 17, 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 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.
Memorandum: Appellant's remedy is to move to vacate the consent order before the Support Magistrate.
Entered: July 20, 2016
FRANCES E. CAFARELL, Clerk