Appellate Division: Second Judicial Department

M171063

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2013-08221 In the Matter of Martha M. McKeithan, respondent, v Howard O. Campbell, appellant. (Docket No. F-11582-12I)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated July 12, 2013, as a poor person and for the assignment of counsel. By order to show cause dated February 7, 2014, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 4, and the appellant's motion was held in abeyance in the interim.

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

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Family Ct Act § 1112); and it is further,

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

ENG, P.J., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court