MATTER OF CATHERINE MYERS V RICHARD J. TRACY MATTER OF CATHERINE MYERS V RICHARD J. TRACY MATTER OF CATHERINE MYERS V
Motion No: CAF 10-01477
Slip Opinion No: 2010 NY Slip Op 80633(U)
Decided on August 19, 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.


August 19, 2010

PRESENT: MARTOCHE, J.P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-01477
DOCKET NO. F-00344-94-09B
APPELLATE DIVISION DOCKET NO. CAF 10-01478
DOCKET NO. F-00344-94-09B
APPELLATE DIVISION DOCKET NO. CAF 10-01479
DOCKET NO. F-00344-94-09B

MATTER OF CATHERINE MYERS, PETITIONER-RESPONDENT,

V

RICHARD J. TRACY, RESPONDENT-APPELLANT.

MATTER OF CATHERINE MYERS, PETITIONER-RESPONDENT,

V

RICHARD J. TRACY, RESPONDENT-APPELLANT.

MATTER OF CATHERINE MYERS, PETITIONER-RESPONDENT,

V

RICHARD J. TRACY, RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on April 21, 2010,

Now, upon reading and filing the certification of Jennifer P. Stergion, Esq., filed June 30, 2010, the affidavit of Richard Tracy, sworn to July 22, 2010, 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 appeals are dismissed on the ground that the orders sought to be appealed are not orders of disposition appealable as of right (see Family Court Act § 1112 [a]), and are brought up for review on appellant's appeal from the order of Family Court entered June 1, 2010.

Entered: August 19, 2010

PATRICIA L. MORGAN, Clerk