Opinion
APPELLATE DIVISION DOCKET NO. CAF 16-01939 DOCKET NO. V-03967-05-16R
11-29-2016
MATTER OF PATRICIA KIVLER, PETITIONER-RESPONDENT, v. CHRISTOPHER SALO, RESPONDENT-APPELLANT.
PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND CURRAN, 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, Oneida County, entered in the Office of the Clerk of said Court on September 1, 2016,
Now, upon reading and filing the affidavit of Christopher Salo, sworn to October 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 entered upon consent (see Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652), and
It is further ORDERED that the motion is dismissed.
Entered: November 29, 2016
FRANCES E. CAFARELL, Clerk