Appellate Division: Second Judicial Department

M97502

J/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2009-10957, 2009-10958 In the Matter of Phillip J. Stabell, appellant, v Joanne M. Stabell, respondent. (Appeal No. 1) In the Matter of Joanne M. Stabell, petitioner- respondent, v Phillip J. Stabell, appellant. (Appeal No. 2) (Docket No. F-830-09/09A)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Dutchess County, dated July 27, 2009, and October 14, 2009, respectively, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated July 27, 2009 (Appellate Division Docket No. 2009-10958) is dismissed, without costs and disbursements, as no appeal lies from an order of a support magistrate before objections have been reviewed by a judge (see Family Ct Act § 439[e]; Dompkowski v Dompkowski, 154 AD2d 950); and it is further,

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel in connection with the appeal from the order dated July 27, 2009, is denied as academic; and it is further,

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel in connection with the appeal from the order dated October 14, 2009, is denied with leave to renew on or before February 10, 2010, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

DILLON, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court