Matter of Remy v Mitchell
Motion No: 2008-00989
Slip Opinion No: 2008 NYSlipOp 71061(U)
Decided on May 5, 2008
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

M69964

E/sl

ROBERT A. LIFSON, J.P.

HOWARD MILLER

MARK C. DILLON

RANDALL T. ENG, JJ.

2008-00989

In the Matter of Lesly Remy, appellant,

v Francine Mitchell, respondent.

(Docket No. F-00825-92)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated October 3, 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 in relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed as the order is not appealable until objections have been filed and reviewed (see Family Ct Act § 439[e]); and it is further,

ORDERED that the motion is denied as academic.

LIFSON, J.P., MILLER, DILLON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court