Appellate Division: Second Judicial Department

M56957

E/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-04778 In the Matter of Shaundell W. (Anonymous), appellant, v Paul K. (Anonymous), respondent. (Docket No. V-3882/07)

DECISION & ORDER ON MOTION

Appeal by Shaundell W. from an order of the Family Court, Kings County, dated February 22, 2007. By order to show cause dated May 30, 2007, 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 appeal on the ground that the order is not appealable as of right (see Family Ct Act § 1112), and the appellant has not sought leave to appeal to this court. Motion by the appellant, inter alia, for leave to appeal to this court from the order dated February 22, 2007, for leave to prosecute the appeal as a poor person, and to stay enforcement of the order pending hearing and determination of the appeal. Separate motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the order to show cause and the papers filed in response thereto, and upon the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion, inter alia, for leave to prosecute the appeal as a poor person and to stay enforcement of the order pending hearing and determination of the appeal is otherwise denied as academic; and it is further,

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

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

RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court