JACOB RIZZO V LEAH ST. MARY
2026 NY Slip Op 67132(U)
April 6, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
JACOB RIZZO, PETITIONER-RESPONDENT,
v
LEAH ST. MARY, RESPONDENT-APPELLANT.
Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department
April 6, 2026
CAF 26-00409 Docket Nos.: V-8450-17/24J V-12648-16/24J
Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.
[*1]Respondent-appellant having moved for a waiver of costs, fees, and expenses and for assignment of counsel on the appeal taken herein from an order of the Family Court, Monroe County, entered November 21, 2025,
Now, upon reading and filing the papers with respect to the motion, 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 motion is dismissed.
Entered: April 6, 2026
Ann Dillon Flynn
Clerk of the Court