| MATTER OF PATRICIA KIVLER V CHRISTOPHER SALO |
| Motion No: CAF 16-01939 |
| Slip Opinion No: 2016 NY Slip Op 92921(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. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND CURRAN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 16-01939
DOCKET NO. V-03967-05-16R
| MATTER OF PATRICIA KIVLER, PETITIONER-RESPONDENT, V CHRISTOPHER
SALO, 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, Oneida County, entered in the Office of the Clerk of said Court on September 1, 2016,
Now, upon reading and filing the affidavit of Christopher Salo, sworn to October 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 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: November 29, 2016
FRANCES E. CAFARELL, Clerk