| MATTER OF RICHARD W. MARVIN V DIANNA L. O'CONNOR |
| Motion No: CAF 09-00373 |
| Slip Opinion No: 2009 NYSlipOp 69085(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: MARTOCHE, J. P., SMITH, PERADOTTO, GREEN, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00373
DOCKET NO. F-04318-02/08A
| MATTER OF RICHARD W. MARVIN, PETITIONER-APPELLANT, V DIANNA L.
O'CONNOR, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved 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, Oswego County, entered in the Office of the Clerk of said Court on December 11, 2008,
Now, upon reading and filing the affidavit of Richard W. Marvin, sworn to February 13, 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: March 31, 2009
JOANN M. WAHL, Clerk