MATTER OF CARMEN COLEMAN V TRACY FOX
Motion No: CAF 10-00096
Slip Opinion No: 2010 NY Slip Op 67815(U)
Decided on January 26, 2010
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.


January 26, 2010

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND GREEN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-00096
DOCKET NO. V16200-04-07B-C

MATTER OF CARMEN COLEMAN, PETITIONER-APPELLANT,

V

TRACY FOX, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved 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, Monroe County, entered in the Office of the Clerk of said Court on December 21, 2009,

Now, upon reading and filing the affidavit of Carmen Coleman, sworn to December 22, 2009, the notice of motion with proof of service thereof, the affidavit of Tracy Fox, sworn to January 15, 2010, the statement of Paul D. Fuller, dated January 20, 2010, the affidavit of Michael D. Rosenbloom, sworn to January 21, 2010, the statement of Carmen Coleman, dated January 21, 2010, 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 the order sought to be appealed is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]).

Entered: January 26, 2010

PATRICIA L. MORGAN, Clerk