| IN THE MATTER OF DERRICK R. CLAYBORNE V BETH OLIVER |
| Motion No: CAF 23-00055 |
| Slip Opinion No: 2023 NY Slip Op 62784(U) |
| Decided on February 27, 2023 |
| 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, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CAF 23-00055
Docket No: V-03242-22/22B
| IN THE MATTER OF DERRICK R. CLAYBORNE,
PETITIONER-RESPONDENT, V BETH OLIVER, RESPONDENT-APPELLANT. |
Petitioner-respondent 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, Onondaga County, entered November 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: February 27, 2023
Ann Dillon Flynn
Clerk of the Court