Opinion
APPELLATE DIVISION DOCKET NO. CAF 16-01118 DOCKET NO. F-14626-15-15A
07-20-2016
MATTER OF CHRISTINE M. DAVIS, PETITIONER-APPELLANT, v. ROBERT M. DAVIS, RESPONDENT-RESPONDENT.
PRESENT:
Petitioner-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, Erie County, entered in the Office of the Clerk of said Court on May 11, 2016,
Now, upon reading and filing the affidavits of Christine M. Davis, sworn to June 10, 2016, and June 17, 2016, and the notice of motion with proof of service thereof, 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 of Family Court denying objections to the order of a Support Magistrate that was entered upon consent (see Matter of Culton v Culton, 2 AD3d 1446), and
It is further ORDERED that the motion is dismissed.
Memorandum: Appellant's remedy is to move to vacate the consent order before the Support Magistrate.
Entered: July 20, 2016
FRANCES E. CAFARELL, Clerk