MATTER OF HOLLY B.
Motion No: CAF 07-02457
Slip Opinion No: 2007 NYSlipOp 85410(U)
Decided on December 3, 2007
Appellate Division, Fourth 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.


December 3, 2007

PRESENT: HURLBUTT, J. P., SMITH, LUNN, FAHEY, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02457
DOCKET NO. G-2032-07

MATTER OF HOLLY B.



MARGERY M., PETITIONER-RESPONDENT;

ANITA B., RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on November 1, 2007,

Now, upon reading and filing the affidavit of Anita A. B., sworn to November 16, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that the order sought to be appealed is not a dispositional order appealable as of right and leave to appeal is not warranted (see Family Court Act § 1112 [a]).

Entered: December 3, 2007

JOANN M. WAHL, Clerk