Opinion
CA 18-02201 Index No: SF2018-900706
05-14-2019
IN THE MATTER OF THE APPLICATION OF LAKISHA DENISE SELL, MARIE A. CANNON, M.S.W., COMMISSIONER OF THE ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, SPECIAL GUARDIAN OF MARY L., AN ALLEGED INCAPACITATED PERSON, RESPONDENT-RESPONDENT.
PRESENT:
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 Supreme Court, Erie County, entered September 26, 2018,
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 motion is dismissed.
Memorandum: "No appeal lies from an order entered upon the parties' consent . . . because [petitioner] is not aggrieved thereby" (Matter of Cherilyn P., 192 AD2d 1084, 1084 [4th Dept 1993], lv denied 82 NY2d 652 [1993]; see CPLR 5511; Matter of Maria J. (Peter J.), 129 AD3d 1660, 1661 [4th Dept 2015]; O'Sullivan v Schebilski, 138 AD3d 1170, 1172 [3d Dept 2016]).
Entered: May 14, 2019
Mark W. Bennett
Clerk of the Court