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

CAF 23-01808
Docket No: V-178-21/23B
CAF 23-01809
Docket No: O-95-23

IN THE MATTER OF FRANK O'DELL, PETITIONER-RESPONDENT, V AYESHA O'DELL, RESPONDENT-APPELLANT. IN THE MATTER OF FRANK O'DELL, PETITIONER-RESPONDENT, V AYESHA O'DELL, RESPONDENT-APPELLANT.

Respondent-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Cattaraugus County, entered October 10, 2023,

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 taken from the order entered under Family Court docket no. V-178-21/23B (CAF 23-01808) is dismissed except insofar as respondent-appellant challenges that part of the order that was not entered upon stipulation of the parties (see Matter of Cherilyn P., 192 AD2d 1084, 1084 [4th 1993], lv denied 82 NY2d 652 [1993]), and the application is granted to that extent, and

It is further ORDERED that Lyle Hajdu, Esq., 414 East Fairmount Street, PO Box 414, Lakewood, New York 14750, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Cattaraugus County Family Court Clerk provide Lyle Hajdu, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Cattaraugus County Family Court Clerk, and

It is further ORDERED that the appeal taken from the order entered under Family Court docket no. O-95-23 (CAF 23-01809) is dismissed on the ground that no appeal lies from an order entered upon consent (see id.),and the application is dismissed with respect to that appeal.

Entered: December 13, 2023

Ann Dillon Flynn

Clerk of the Court