| MATTER OF WILLIAM H. CARTER, SR. V JANE M. RHODES |
| Motion No: CAF 09-00101 |
| Slip Opinion No: 2009 NYSlipOp 65534(U) |
| Decided on February 26, 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 CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00101
DOCKET NO. F-00775-87/08AC
| MATTER OF WILLIAM H. CARTER, SR., PETITIONER-APPELLANT, V JANE M.
RHODES, 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, Niagara County, entered in the Office of the Clerk of said Court on November 25, 2008,
Now, upon reading and filing the affidavit of William Carter, sworn to January 2, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that no appeal lies from the order of a support magistrate unless objections are filed and the order is reviewed by a Family Court Judge (see Family Court Act § 439 [e]).
Entered: February 26, 2009
JOANN M. WAHL, Clerk