Edwards v Edwards
Motion No: 2007-07470
Slip Opinion No: 2007 NYSlipOp 81225(U)
Decided on October 18, 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

M61128

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-07470

Johnson Edwards, appellant,

v Myrtle Edwards, respondents.

(Index No. 4257/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated June 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 CPLR 5701); and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court