MATTER OF MYRIAM L. SANTINI V CARL A. GUTZMER
Motion No: CAF 09-00481
Slip Opinion No: 2009 NYSlipOp 69087(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: SCUDDER, P. J., SMITH, CENTRA, CARNI, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00481
DOCKET NO. V-39-98/08X

MATTER OF MYRIAM L. SANTINI, PETITIONER-RESPONDENT,

V

CARL A. GUTZMER, RESPONDENT-APPELLANT.


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, Genesee County, entered in the Office of the Clerk of said Court on May 30, 2008,

Now, upon reading and filing the certification of Susan P. Reinecke, Esq., dated March 7, 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