Opinion
Motion No: CAF 11-02083 DOCKET NO. V-108-10 , DOCKET NO. V-108-10-A-R
12-01-2011
MATTER OF ROY MURPHY, PETITIONER-RESPONDENT, v. LINDA TALLY, RESPONDENT-APPELLANT. MATTER OF LINDA TALLY, PETITIONER-APPELLANT, v. ROY MURPHY, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
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, Chautauqua County, entered in the Office of the Clerk of said Court on June 30, 2011,
Now, upon reading and filing the affidavit of Linda Tally, sworn to October 14, 2011, the notice of motion with proof of service thereof, and the affidavits of Kristen M. Wright, Esq., sworn to October 24, 2011, and October 27, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied and 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, lv denied 82 NY2d 652).
Memorandum: Appellant's remedy is to move in Supreme Court to vacate the order (see Matter of Ras v Rupp, 295 AD2d 892).
PATRICIA L. MORGAN, Clerk