| MATTER OF ELIZABETH ZOSH V THOMAS SMITH |
| Motion No: CAF 09-00268 |
| Slip Opinion No: 2009 NYSlipOp 65531(U) |
| Decided on February 25, 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: HURLBUTT, J. P., CENTRA, FAHEY, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00268
DOCKET NO. F-05349-03/07B
| MATTER OF ELIZABETH ZOSH, PETITIONER-RESPONDENT, V THOMAS
SMITH, RESPONDENT-APPELLANT. |
Respondent-appellant having applied 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 December 23, 2008,
Now, upon reading and filing certification of Jessica L. Vesper, Esq., dated February 4, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the application 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 §§ 439 [a], [e], 1112 [a]).
Entered: February 25, 2009
JOANN M. WAHL, Clerk