IN THE MATTER OF KELLY PIETRZAK V JASON NEUPERT
Motion No: CAF 21-01416
Slip Opinion No: 2021 NY Slip Op 74540(U)
Decided on October 22, 2021
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.


October 22, 2021

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

CAF 21-01416
Docket No: F-14342-12/21H

IN THE MATTER OF KELLY PIETRZAK, PETITIONER-RESPONDENT,

V

JASON NEUPERT, 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, Erie County, entered September 14, 2021,

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 of Family Court denying objections to the order of a support magistrate that was entered upon consent (see Matter of Culton v Culton, 2 AD3d 1446, 1446 [4th Dept 2003]), and

It is further ORDERED that the application is dismissed.

Entered: October 22, 2021

Ann Dillon Flynn

Clerk of the Court