| MATTER OF BETH KISH V GERALD MORGAN MATTER OF BETH KISH V GERALD MORGAN |
| Motion No: CAF 08-01832 |
| Slip Opinion No: 2008 NYSlipOp 83426(U) |
| Decided on September 16, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, SMITH, LUNN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-01832
DOCKET NO. F-951-07
APPELLATE DIVISION DOCKET NO. CAF 08-01889
DOCKET NO. F-951-07
| MATTER OF BETH KISH, PETITIONER-APPELLANT, V GERALD MORGAN,
RESPONDENT-RESPONDENT. MATTER OF BETH KISH, PETITIONER-APPELLANT, V GERALD MORGAN,
RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeals taken herein from orders of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on February 13, 2008 (CAF 08-01832) and June 30, 2008 (CAF 08-01889),
Now, upon reading and filing the affidavit of Beth M. Kish, sworn to August 15, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion, insofar as it seeks permission to proceed as a poor person and the assignment of counsel on the appeal taken from the order entered February 13, 2008, 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]), and
It is further ORDERED that the motion, insofar as it seeks the assignment of counsel on the appeal taken from the order entered June 30, 2008, is denied on the ground that such relief is not authorized for the petitioner in a proceeding concerning child support (see Family Court Act §§ 262, 1120 [a]), and
It is further ORDERED that the motion, insofar as it seeks permission to proceed as a poor person on the appeal taken from the order entered June 30, 2008, is granted, and
It is further ORDERED that the Clerk of the Family Court, Cattaraugus County, is hereby directed to provide Beth Kish with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.
Entered: September 16, 2008
JOANN M. WAHL, Clerk