| IN THE MATTER OF TONYA VILLA V KIARA SMITH VILLA AND DYQUAN SMITH |
| Motion No: CAF 22-01268 |
| Slip Opinion No: 2022 NY Slip Op 71740(U) |
| Decided on September 9, 2022 |
| 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 LINDLEY, JJ.
CAF 22-01268
Docket No: V-155-20
| IN THE MATTER OF TONYA VILLA,
PETITIONER-RESPONDENT, V KIARA SMITH VILLA, RESPONDENT-RESPONDENT, AND DYQUAN SMITH,
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, Chautauqua County, entered June 3, 2022,
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: September 9, 2022
Ann Dillon Flynn
Clerk of the Court