| MATTER OF GABRIELE JOANNA BOUTIN V RUSSELL STEPHEN LEONE |
| Motion No: CAF 13-01788 |
| Slip Opinion No: 2013 NY Slip Op 89221(U) |
| Decided on October 22, 2013 |
| 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. |
PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND VALENTINO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 13-01788
DOCKET NO. F-15609-11-12A
| MATTER OF GABRIELE JOANNA
BOUTIN, PETITIONER-RESPONDENT, V RUSSELL STEPHEN LEONE,
RESPONDENT-APPELLANT. |
Respondent-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, Erie County, entered in the Office of the Clerk of said Court on July 15, 2013,
Now, upon reading and filing the affidavit of Russell S. Leone, sworn to August 7, 2013, the certification of Raymond T. Miles, III, Esq., dated October 2, 2013, and 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 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: October 22, 2013
FRANCES E. CAFARELL, Clerk