MATTER OF JENNIFER L. ATKINSON V ANYA V. STONE AND CLIFFORD T. DEARRING
Motion No: CAF 16-01810
Slip Opinion No: 2016 NY Slip Op 92902(U)
Decided on November 29, 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.


November 29, 2016

PRESENT: WHALEN, P.J., DEJOSEPH, NEMOYER, CURRAN, AND TROUTMAN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 16-01810
DOCKET NO. V-11085-15

MATTER OF JENNIFER L. ATKINSON, PETITIONER-RESPONDENT,

V

ANYA V. STONE, RESPONDENT-APPELLANT,

AND CLIFFORD T. DEARRING, RESPONDENT-RESPONDENT.


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, Monroe County, entered in the Office of the Clerk of said Court on September 12, 2016,

Now, upon reading and filing the certification of Bryan Oathout, Esq., filed October 3, 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: November 29, 2016

FRANCES E. CAFARELL, Clerk