MATTER OF ERIC R. MARTIN V JONATHAN AMO ROBERT A. TUCKER AND MICHELE M. MACKEY
Motion No: CAF 09-00480
Slip Opinion No: 2009 NYSlipOp 69084(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.


March 31, 2009

PRESENT: MARTOCHE, J. P., SMITH, FAHEY, PERADOTTO, AND GREEN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00480
DOCKET NO. V-04914-08

MATTER OF ERIC R. MARTIN, PETITIONER-RESPONDENT,

V

JONATHAN AMO, RESPONDENT,

ROBERT A. TUCKER, RESPONDENT-APPELLANT, AND

MICHELE M. MACKEY, RESPONDENT.


Respondent-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, Oneida County, entered in the Office of the Clerk of said Court on February 17, 2009,

Now, upon reading and filing the certification of Carmen J. Valvo, Esq., dated March 5, 2009, the statement of Raymond Bara, Esq., dated March 12, 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]).

Entered: March 31, 2009

JOANN M. WAHL, Clerk