Appellate Division: Second Judicial Department

M54693

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2007-04344, 2007-04345 Klara Kandel, respondent, v Henry Kandel, appellant. (Index No. 201736/05)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a transcript of the Supreme Court, Nassau County, dated April 20, 2007, and an order of the same court dated May 3, 2007, in effect, to stay enforcement of the order pending hearing and determination of the appeal therefrom, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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 from the transcript is dismissed (Appellate Division Docket No. 2007-04344), without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the transcript as a poor person and for the assignment of counsel to prosecute that appeal are denied as academic; and it is further,

ORDERED that the branches of the motion which are, in effect, to stay enforcement of the order, for leave to prosecute the appeal from the order as a poor person, and for the assignment of counsel to prosecute that appeal are denied.

RITTER, J.P., GOLDSTEIN, FISHER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court