| MATTER OF JOHN JAY CASE, JR. V BRITTANY BATES, ALSO KNOWN AS BRITTANY WHALEN |
| Motion No: CAF 18-02282 |
| Slip Opinion No: 2019 NY Slip Op 62821(U) |
| Decided on January 9, 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. |
PRESENT: CENTRA, J.P., CARNI, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.
APPELLATE DIVISION DOCKET NO. CAF 18-02282
DOCKET NO. V-01091-18-18A
| MATTER OF JOHN JAY CASE, JR., PETITIONER-APPELLANT, V BRITTANY
BATES, ALSO KNOWN AS BRITTANY WHALEN, RESPONDENT-RESPONDENT. |
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, Erie County, entered in the Office of the Clerk of said Court on November 8, 2018,
Now, upon reading and filing the certification of Raymond T. Miles, III, Esq., dated November 21, 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 9, 2019
MARK W. BENNETT, Clerk