Matter of Hurd v Hurd
Motion No: 2007-08817
Slip Opinion No: 2007 NYSlipOp 84553(U)
Decided on November 28, 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

M62840

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-08817

In the Matter of Ann Aquenette Hurd, respondent,

v Franklin Hurd, Jr., appellant.

(Docket No. F-1702/91)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated June 28, 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 opposition 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 (see Family Ct Act § 439[e]); and it is further,

ORDERED that the motion is denied as academic.

MILLER, J.P., CRANE, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court