Appellate Division: Second Judicial Department

M165487

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-07352, 2013-07354 In the Matter of Kolien J. Richmond, respondent, v Robert A. Perez, appellant. (Docket Nos. V-3429-05/12AG; O-5381-12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Dutchess County, both dated June 17, 2013, as a poor person and for the assignment of counsel. By order to show cause dated September 30, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal from the order in the proceeding commenced under Family Court Docket No. V-3429-05/12AG on the ground that no appeal lies from an order entered upon the default or consent of an appealing party, and (2) dismissing the appeal from the order in the proceeding commenced under Family Court Docket No. O-5381-12 on the ground that no appeal lies from an order entered upon the consent of an appealing party, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the appellant's motion is denied as academic.

DICKERSON, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court