MATTER OF JUANITA A. V KENNETH M. N.
Motion No: CAF 08-00084
Slip Opinion No: 2008 NYSlipOp 64216(U)
Decided on February 19, 2008
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.


February 19, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-00084
DOCKET NO. P-01472-06

MATTER OF JUANITA A., PETITIONER-RESPONDENT,

V

KENNETH M. N., RESPONDENT-APPELLANT.


Respondent-appellant having applied for permission to appeal as a poor

person and for the assignment of counsel on the appeal taken herein from the order

of Family Court, Ontario County, entered in the Office of the Clerk of said Court on October 10, 2007,

Now upon reading and filing the certification of Jonathan Lorge, Esq., dated January 11, 2008, 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 an order of disposition appealable as of right (see Family Court Act § 1112 [a]).

Entered: February 19, 2008

JOANN M. WAHL, Clerk