IN THE MATTER OF ERIN ELIZABETH NOLTE V JAMES CHARLES NOLTE
Motion No: CAF 25-00133
Slip Opinion No: 2025 NY Slip Op 63605(U)
Decided on February 20, 2025
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.


February 20, 2025

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

CAF 25-00133
Docket No: V-00498-24

IN THE MATTER OF ERIN ELIZABETH NOLTE, PETITIONER-RESPONDENT,

V

JAMES CHARLES NOLTE, 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, Orleans County, entered December 13, 2024,

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 20, 2025

Ann Dillon Flynn

Clerk of the Court