MATTER OF SHAWN G. GRANGER V DANIELLE D. MISERCOLA
Motion No: CAF 12-01298
Slip Opinion No: 2012 NY Slip Op 82238(U)
Decided on August 15, 2012
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 15, 2012

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

APPELLATE DIVISION DOCKET NO. CAF 12-01298
DOCKET NO. F-03425-08-11C

MATTER OF SHAWN G. GRANGER, PETITIONER-APPELLANT,

V

DANIELLE D. MISERCOLA, 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, Jefferson County, entered in the Office of the Clerk of said Court on June 18, 2012,

Now, upon reading and filing the affidavit of Shawn G. Granger, sworn to July 10, 2012, the notice of motion with proof of service thereof, the affidavit of Polly S. Eseltine, Esq., sworn to July 24, 2012, and the statement of Shawn G. Granger, dated July 26, 2012, 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 no appeal lies directly from the order of a support magistrate (see Family Court Act § 439 [e]).

Entered: August 15, 2012

FRANCES E. CAFARELL, Clerk