Opinion
APPELLATE DIVISION DOCKET NO. CAF 17-01423 DOCKET NO. V-01676-16-17C
08-23-2017
PRESENT:
Respondent-appellant having applied 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, Herkimer County, entered in the Office of the Clerk of said Court on July 13, 2017,
Now, upon reading and filing the certification of Joshua Bannister, Esq., dated July 28, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated July 28, 2017, shall be treated as valid as to the order of Family Court entered July 13, 2017, and
It is further 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 application is dismissed.
Entered: August 23, 2017
FRANCES E. CAFARELL, Clerk