Matter of Rivera v Rivera
Motion No: 2007-02103
Slip Opinion No: 2007 NYSlipOp 67532(U)
Decided on April 17, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M53397

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-02103

In the Matter of Dina Rivera, respondent,

v Fernando Rivera, appellant.

(Docket Nos. V-17498-04, V-17499-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated January 26, 2007, 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 is dismissed, without costs or disbursements, as the order is not appealable by right or permission (see Family Ct Act § 1112; CPLR 5704); and it is further,

ORDERED that the motion is denied as academic.

SPOLZINO, J.P., FISHER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court