MATTER OF KIMBERLY J. SOUDER V DANIEL JENNINGS
Motion No: CAF 16-00237
Slip Opinion No: 2016 NY Slip Op 66259(U)
Decided on March 1, 2016
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.


March 1, 2016

PRESENT: CENTRA, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.

APPELLATE DIVISION DOCKET NO. CAF 16-00237
DOCKET NO. V-17354-15

MATTER OF KIMBERLY J. SOUDER, PETITIONER-RESPONDENT,

V

DANIEL JENNINGS, 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 January 15, 2016,

Now, upon reading and filing the certification of Elizabeth Ciambrone, Esq., dated February 9, 2016, the affidavit of Daniel Jennings, sworn to February 9, 2016, the notice of motion with proof of service thereof, and the affirmation of Charles D. Halvorsen, Esq., dated February 17, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal is dismissed on the ground that appellant is not aggrieved by the order appealed from (see CPLR 5511), and

It is further ORDERED that the motion is dismissed.

Entered: March 1, 2016

FRANCES E. CAFARELL, Clerk