Appellate Division: Second Judicial Department

M95361

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-02668, 2009-02672 In the Matter of Yevgenia V. Shockome, appellant, v Timthy Shockome, respondent. (Docket No. F-6363-08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of her child support obligation pending hearing and determination of appeals from two orders of the Family Court, Dutchess County, both dated February 23, 2009. Cross motion by the respondent, inter alia, for poor person relief and the assignment of counsel.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that the orders are not appealable as of right (see Family Ct Act §§ 439 [e]; 1112), and we decline to grant leave to appeal; and it is further,

ORDERED that on the court's own motion, Neal Futerfas, Esq., 50 Main Street, Suite 1000, White Plains, New York 10606, 914-682-2171, counsel assigned to represent the appellant by an order on certification of this court dated April 14, 2009, is relieved, and is directed to turn over all papers in the action to the Clerk of this court; and it is further,

ORDERED that the motion and cross motion are denied as academic.

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court