| Matter of Hamilton v Shepherd |
| Motion No: 2012-01078 |
| Slip Opinion No: 2012 NY Slip Op 66664(U) |
| Decided on March 8, 2012 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M134453
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2012-01078 In the Matter of Tabitha Hamilton, appellant, v Ancil Shepherd, respondent. (Docket Nos. V-9602-06, V-9602-06/10B, V-23920/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a decision of the Family Court, Kings County, dated December 30, 2011, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., DICKERSON, ENG and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court