MATTER OF DELORES MONIQUE WASHINGTON-SMITH V TRAVIS LUM SMITH MATTER OF TRAVIS LUM SMITH V DELORES MONIQUE
Motion No: CAF 14-02158
Slip Opinion No: 2015 NY Slip Op 67422(U)
Decided on February 19, 2015
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.


February 19, 2015

PRESENT: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND VALENTINO, JJ.

APPELLATE DIVISION DOCKET NO. CAF 14-02158
DOCKET NOS. V-05639-14/14A, V-05641-14/14A, V-05640-14/14A
APPELLATE DIVISION DOCKET NO. CAF 14-02159
DOCKET NOS. V-05640-14/14A, V-05639-14/14A, V-05641-14/14A
APPELLATE DIVISION DOCKET NO. CAF 14-02160
DOCKET NOS. V-05641-14/14A, V-05640-14/14A, V-05639-14/14A
APPELLATE DIVISION DOCKET NO. CAF 14-02161
DOCKET NOS. V-05641-14/14A, V-05639-14/14A, V-05640-14/14A
APPELLATE DIVISION DOCKET NO. CAF 14-02162
DOCKET NOS. V-05639-14/14A, V-05640-14/14A, V-05641-14/14A
APPELLATE DIVISION DOCKET NO. CAF 14-02163
DOCKET NOS. V-05639-14/14A, V-05641-14/14A, V-05640-14/14A
APPELLATE DIVISION DOCKET NO. CAF 14-02164
DOCKET NOS. V-05640-14/14A, V-05639-14/14A, V-05641-14/14A
APPELLATE DIVISION DOCKET NO. CAF 14-02165
DOCKET NOS. V-05641-14/14A, V-05639-14/14A, V-05640-14/14A

MATTER OF DELORES MONIQUE WASHINGTON-SMITH,

PETITIONER,

V

TRAVIS LUM SMITH, RESPONDENT.

MATTER OF TRAVIS LUM SMITH, PETITIONER-APPELLANT,

V

DELORES MONIQUE WASHINGTON-SMITH,

RESPONDENT-RESPONDENT.

MATTER OF DELORES MONIQUE WASHINGTON-SMITH,

PETITIONER,

V

TRAVIS LUM SMITH, RESPONDENT.

MATTER OF TRAVIS LUM SMITH, PETITIONER,

V

DELORES MONIQUE WASHINGTON-SMITH,

RESPONDENT.

MATTER OF TRAVIS LUM SMITH, PETITIONER,

V

DELORES MONIQUE WASHINGTON-SMITH,

RESPONDENT.

MATTER OF DELORES MONIQUE WASHINGTON-SMITH,

PETITIONER,

V

TRAVIS LUM SMITH, RESPONDENT.

MATTER OF TRAVIS LUM SMITH, PETITIONER,

V

DELORES MONIQUE WASHINGTON-SMITH,

RESPONDENT.

MATTER OF DELORES MONIQUE WASHINGTON-SMITH,

PETITIONER,

V

TRAVIS LUM SMITH, RESPONDENT.


Travis Lum Smith having moved for permission to appeal from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on November 3, 2014, and for permission to proceed as a poor person and the assignment of counsel,

Now, upon reading and filing the affidavit of Travis Lum Smith, sworn to November 25, 2014, the certification of David S. Sarkovics, Esq., dated December 1, 2014, the affirmation of David S. Sarkovics, Esq., dated December 2, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to appeal from the order that dismissed the petition by Travis Lum Smith for enforcement/modification of an order of another court (CAF 14-02159), is denied as unnecessary, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and the assignment of counsel on appeal taken by Travis Lum Smith under Appellate Division Docket No. CAF 14-02159, is granted, and

It is further ORDERED that Timothy Lovallo, Esq., 295 Main Street, Suite 1088, Buffalo, New York 14203, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of Family Court, Erie County, is hereby directed to provide Timothy Lovallo, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that with regard to the remaining orders sought to be appealed, the motion insofar as it seeks permission to appeal is denied and the motion insofar as it seeks permission to proceed as a poor person and the assignment of counsel is dismissed.

Entered: February 19, 2015

FRANCES E. CAFARELL, Clerk