IN THE MATTER OF GIANNA A.
Motion No: CAF 22-02011
Slip Opinion No: 2023 NY Slip Op 65387(U)
Decided on April 10, 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.


April 10, 2023

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

CAF 22-02011
Docket No: NA-07640-19

IN THE MATTER OF GIANNA A.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

CRYSTAL G., RESPONDENT,

AND ANTONIEL C., RESPONDENT-APPELLANT.


Respondent-appellant having moved 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 March 22, 2021,

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 10, 2023

Ann Dillon Flynn

Clerk of the Court