MATTER OF NANETTE MATHEWS V MELODY R. MATHEWS
Motion No: CAF 18-01456
Slip Opinion No: 2018 NY Slip Op 81277(U)
Decided on August 22, 2018
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.


August 22, 2018

PRESENT: PERADOTTO, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

APPELLATE DIVISION DOCKET NO. CAF 18-01456
DOCKET NO. V-17373-17

MATTER OF NANETTE MATHEWS, PETITIONER-RESPONDENT,

V

MELODY R. MATHEWS, 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, Erie County, entered in the Office of the Clerk of said Court on July 3, 2018,

Now, upon reading and affidavit of Melody R. Mathews, sworn to July 23 2018, 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, 1084 [1993], lv denied 82 NY2d 652 [1993]), and

It is further ORDERED that the motion is dismissed.

Entered: August 22, 2018

MARK W. BENNETT, Clerk