| MATTER OF ALSTON C. |
| Motion No: CAF 09-00445 |
| Slip Opinion No: 2009 NYSlipOp 69116(U) |
| Decided on April 6, 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 09-00445
DOCKET NO. NA-222-08
| MATTER OF ALSTON C. CATTARAUGUS COUNTY DEPARTMENT OF
SOCIAL SERVICES, PETITIONER-RESPONDENT; FREDERICK C., RESPONDENT-APPELLANT. |
Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a decision of the Family Court, Cattaraugus County, dated January 27, 2009,
Now, upon reading and filing the affidavit of Frederick C., sworn to March 4, 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 a decision (see Kuhn v Kuhn, 129 AD2d 967).
Entered: April 6, 2009
PATRICIA L. MORGAN, Deputy Clerk