Appellate Division: Second Judicial Department

M46234

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-07975, 2006-08168 In the Matter of Tyrone Blanks, appellant, v Kimberly Howard, respondent. (Docket No. F-6146-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Orange County, dated July 17, 2006, and August 3, 2006, respectively, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated July 17, 2006, is dismissed without costs or disbursements, as no appeal lies as of right from the order appealed from (see Family Ct Act § 1112[a]), and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated July 17, 2006, as a poor person is denied as academic; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated August 3, 2006, as a poor person and for the assignment of counsel is denied with leave to the appellant to renew, on or before November 24, 2006, upon the submission of proper papers establishing that he is entitled to poor person relief, including a proper financial affidavit, and indicating that he is interested in pursuing the appeal.

RITTER, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court