| Matter of Perez v Barrios |
| Motion No: 2006-06046 |
| Slip Opinion No: 2006 NYSlipOp 72426(U) |
| Decided on July 20, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M42338
C/nl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2006-06046 In the Matter of David Perez, petitioner, v Deliah Barrios, respondent. (Docket No. V-25508/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the enforcement of an order of the Family Court, Kings County, dated June 23, 2006, pending the hearing and determination of an appeal therefrom, for poor person relief and the assignment of counsel, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nondispositional order of the Family Court (see Family Ct Act 1112[a]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court