MATTER OF KHALIL O.F.
Motion No: CAF 09-00999
Slip Opinion No: 2009 NY Slip Op 75455(U)
Decided on June 16, 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.


June 16, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 09-00999
DOCKET NO. NN-02233-08

MATTER OF KHALIL O.F.



JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

THARRON T.F., RESPONDENT-APPELLANT, AND

LATONYA R.G., RESPONDENT.


Respondent-appellant having applied 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, Jefferson County, dated March 5, 2009,

Now, upon reading and filing the certification of Eric T. Swartz, Esq., dated May 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 no appeal lies from a decision (see Kuhn v Kuhn, 129 AD2d 967).

Entered: June 16, 2009

PATRICIA L. MORGAN, Clerk