Matter of Holder v Francis
Motion No: 2007-03825
Slip Opinion No: 2007 NYSlipOp 71288(U)
Decided on June 11, 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

M55808

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2007-03825

In the Matter of Sherry F. Holder, respondent,

v Donahue A. Francis, appellant.

(Docket No. V-29791/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 27, 2007, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court