| MATTER OF ANDRE D. SIMMONS V DANIELLE D. YOUNGER |
| Motion No: CAF 08-02588 |
| Slip Opinion No: 2009 NYSlipOp 60789(U) |
| Decided on January 13, 2009 |
| 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, CENTRA, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02588
DOCKET NO. F-08670-00/07B
| MATTER OF ANDRE D. SIMMONS, PETITIONER-APPELLANT, V DANIELLE D.
YOUNGER, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on November 20, 2007,
Now, upon reading and filing the affidavit of Andre Simmons, sworn to December 11, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal filed November 18, 2008, shall be deemed to apply to the order of Family Court entered November 20, 2007 (see CPLR § 5520 [c]; Matter of Dompkowski v Dompkowski, 154 AD2d 950), and
It is further ORDERED that the motion is denied and the appeal is dismissed on the ground that the appeal was not timely taken (see Family Court Act § 1113).
Entered: January 13, 2009
JOANN M. WAHL, Clerk