Appellate Division: Second Judicial Department

M50738

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

STEVEN W. FISHER

THOMAS A. DICKERSON, JJ.

2006-02464, 2006-02465, 2004-02466, 2004-02467, 2007-01238 In the Matter of Sheri Elledge, appellant-respondent, v Herbert Molzahn, respondent-appellant. (Proceeding No. 1) In the Matter of Herbert Molzahn, respondent- appellant, v Sheri Elledge, appellant-respondent. (Proceeding No. 2) (Docket No. V-1336-04, O-1377-04)

DECISION & ORDER ON MOTION

Appeals by Sheri Elledge from two orders of the Family Court, Orange County dated September 2, 2005, and February 2, 2006, respectively, and three orders of the same court, all dated January 25, 2006, and cross appeal by Herbert Molzahn from the order dated February 2, 2006. By order to show cause dated November 15, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals and cross appeal in the above-entitled proceedings as abandoned. Motion by the appellant-respondent, inter alia, in effect, for leave to withdraw the appeals from the order dated February 2, 2006, and the three orders dated January 25, 2006, and for leave to prosecute the appeal from the order dated September 2, 2005, as a poor person.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the branch of the motion which is, in effect, for leave to withdraw the appeals from the order dated February 2, 2006, and the three orders dated January 25, 2006, is granted and those appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated September 2, 2005, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right and we decline to grant leave to appeal (see Family Ct Act § 1112[a]); and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the order to show cause which is to dismiss the cross appeal is granted, and the cross appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the order to show cause which is to dismiss the appeal is denied as academic.

CRANE, J.P., FLORIO, FISHER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court