MATTER OF CHRISTIAN MARIE GARDENIER V JENNIFER R. AND DARYL GARDENIER
Motion No: CAF 18-02250
Slip Opinion No: 2019 NY Slip Op 62819(U)
Decided on January 8, 2019
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.


January 8, 2019

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND DEJOSEPH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 18-02250
DOCKET NO. V-01534-14-18C

MATTER OF CHRISTIAN MARIE GARDENIER, PETITIONER-APPELLANT,

V

JENNIFER R. AND DARYL GARDENIER, RESPONDENTS-RESPONDENTS.


Petitioner-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, Cayuga County, entered in the Office of the Clerk of said Court on November 8, 2018,

Now, upon reading and filing the certification of James A. Leone, Esq., dated November 25, 2018, 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 application is dismissed.

Entered: January 8, 2019

MARK W. BENNETT, Clerk