Matter of Herbert McMillian v Mae Rizzo

Matter of Herbert McMillian v Mae Rizzo

Motion No: 1090

Slip Opinion No: 2006 NYSlipOp 82119

Decided on December 19, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of Herbert McMillian, Appellant, v. Mae Rizzo, Respondent.

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Family Court's denial of appellant's application to adjudicate respondent in violation of a temporary order of visitation, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.

Motion for poor person relief dismissed as academic.