| Matter of Powell v Hudock |
| Motion No: 2008-09125 |
| Slip Opinion No: 2008 NYSlipOp 88777(U) |
| Decided on November 10, 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
M78190
E/sl
PETER B. SKELOS, J.P.
ROBERT A. LIFSON
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2008-09125 In the Matter of Eric S. Powell, petitioner-respondent, v Edward Hudock, appellant, et al., respondent. (Docket No. V-4568/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Dutchess County, dated September 19, 2008, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order is no appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., LIFSON, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court