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IN THE MATTER OF MARCIA GARCIA, APPELLANT, v. ERNESTO CARBALLO, SR., RESPONDENT.

DECISION ORDER

ORDERED that the appeal is dismissed, without costs or disbursements.

The appellant's assigned counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous appealable issues which could be raised on appeal. The order appealed from was entered upon the appellant's consent, and therefore is not appealable (see, Matter of Carey K., 265 A.D.2d 617; Matter of Chiakpo Obi, 255 A.D.2d 579). Accordingly, the appeal is dismissed, and assigned counsel's application is academic.

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MATTER OF GARCIA v. CARBALLO
(Nov 28, 2000)