Matter of M. (Anonymous) v T. (Anonymous)
Motion No: 2008-03945
Slip Opinion No: 2008 NYSlipOp 90249(U)
Decided on November 26, 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

M76346

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-03945

In the Matter of H. A. M. (Anonymous),

respondent v E. G. T. (Anonymous), appellant.

(Docket No. U-110-07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated March 25, 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 no appeal lies as of right from a nonfinal order in a proceeding pursuant to article 5-B (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.

FISHER, J.P., COVELLO, ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court