Opinion
DOCKET NO. CAF 13-00139 DOCKET NO. V-02556-11-12A V-02557-11/12A
04-02-2013
MATTER OF TASHA CAYLOR, PETITIONER-RESPONDENT, v. JUSTIN CUSIMANO, RESPONDENT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
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, Chautauqua County, entered in the Office of the Clerk of said Court on December 5, 2012,
Now, upon reading and filing the affidavit of Justin Cusimano, sworn to December 28, 2012, the notice of motion with proof of service thereof, and the affidavit of Kristen M. Wright, Esq., sworn to February 20, 2013, 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).
FRANCES E. CAFARELL, Clerk