IN THE MATTER OF SUSAN LOMBARDO V JASON SHORTER AND MONROE COUNTY D.H.S.
Motion No: CAF 22-01731
Slip Opinion No: 2022 NY Slip Op 75545(U)
Decided on November 30, 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.


November 30, 2022

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

CAF 22-01731
Docket No: V-04920/21-22

IN THE MATTER OF SUSAN LOMBARDO, PETITIONER-RESPONDENT,

V

JASON SHORTER, RESPONDENT-APPELLANT,

AND MONROE COUNTY D.H.S., RESPONDENT-RESPONDENT.


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 October 21, 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: November 30, 2022

Ann Dillon Flynn

Clerk of the Court