| IN THE MATTER OF AUTUMN D. |
| Motion No: CAF 21-01486 |
| Slip Opinion No: 2021 NY Slip Op 74544(U) |
| Decided on October 25, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CAF 21-01486
Docket No: AS-04134-19
| IN THE MATTER OF AUTUMN D. ERIE COUNTY
DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; MICHAEL D.,
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 July 11, 2019,
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 [4th Dept 1993], lv denied 82 NY2d 652 [1993]), and
It is further ORDERED that the application is dismissed.
Entered: October 25, 2021
Ann Dillon Flynn
Clerk of the Court