| MATTER OF CARL A. GUTZMER V MYRIAM L. SANTINI |
| Motion No: CAF 09-00565 |
| Slip Opinion No: 2009 NYSlipOp 69080(U) |
| Decided on March 31, 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., SMITH, CENTRA, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00565
DOCKET NO. V-00039-98/07W
| MATTER OF CARL A. GUTZMER, PETITIONER-APPELLANT, V MYRIAM L.
SANTINI, RESPONDENT-RESPONDENT. |
Petitioner-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Genesee County, entered in the Office of the Clerk of said Court on July 14, 2008,
Now, upon reading and filing the certification of Susan P. Reinecke, Esq., dated March 16, 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 § 1112 [a]).
Memorandum: Appellant's appeal from the order of Family Court entered September 30, 2008, will bring up for review the order of Family Court entered July 14, 2008.
Entered: March 31, 2009
JOANN M. WAHL, Clerk