| IN THE MATTER OF PATRICIA A. HORN V JOHN R. ALBANESE |
| Motion No: CAF 20-00457 |
| Slip Opinion No: 2020 NY Slip Op 68013(U) |
| Decided on June 29, 2020 |
| 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, CENTRA, PERADOTTO, AND CARNI, JJ.
CAF 20-00457
Docket Nos: V-7709-19, V-5433-19
| IN THE MATTER OF PATRICIA A. HORN,
PETITIONER-RESPONDENT, V JOHN R. ALBANESE, RESPONDENT-APPELLANT. |
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 February 14, 2020,
Now, upon reading and filing the papers with respect to the application, 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: June 29, 2020
Mark W. Bennett
Clerk of the Court