| Matter of Ascanio v Hicks-Lopez |
| Motion No: 2008-08306 |
| Slip Opinion No: 2008 NYSlipOp 87152(U) |
| Decided on October 24, 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. |
Appellate Division: Second Judicial Department
M77606
E/cb
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2008-08306 In the Matter of Barbara Ascanio, appellant, v Dena Hicks-Lopetz, et al., respondents. (Docket No. V-18309/03, 18310/03)
| DECISION & ORDER ON MOTION |
Motion by Joseph F. Felice, counsel assigned to represent the appellant by the Family Court, Queens County, to be relieved on an appeal from a transcript of the Family Court, Queens County, dated July 22, 2008. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions 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, without costs or disbursements, on the ground that no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the motions are denied as academic.
SPOLZINO, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court