| MATTER OF LYDIA A. CRESTANI V GREGORY E. STICKEL |
| Motion No: CAF 16-01245 |
| Slip Opinion No: 2016 NY Slip Op 85622(U) |
| Decided on September 7, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 16-01245
DOCKET NO. V-03846-10-15F
| MATTER OF LYDIA A. CRESTANI, PETITIONER-RESPONDENT, V GREGORY E.
STICKEL, 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, Jefferson County, entered in the Office of the Clerk of said Court on June 23, 2016,
Now, upon reading and filing the affidavit of Gregory E. Stickel, sworn to July 11, 2016, the notice of motion with proof of service thereof, and the affidavit of John L. Sabik, Esq., sworn to August 2, 2016, and due deliberation having been had thereon,
It is hereby
ORDERED that the appeal taken from the decision dated June 20, 2016, is
dismissed on the ground that no appeal lies from a decision (see Kuhn v
Kuhn, 129 AD2d 967), and
It is further
ORDERED that the motion insofar as it relates to the appeal taken from the
decision is dismissed, and
It is further ORDERED that the notice of appeal dated June 30, 2016, shall be treated as valid as to the order of Family Court entered June 23, 2016, under Family Court Docket Number V-3846-10/15F, and
It is further ORDERED that the motion insofar as it
relates to the appeal taken from the order entered June 23, 2016, is granted,
and
It is further ORDERED that Michael Steinberg, Esq., 109 Rutgers Street, Rochester, New York 14607, is hereby assigned as counsel to conduct the appeal, and
It is further ORDERED that the Clerk of the Family Court, Jefferson County, is hereby directed to provide Michael Steinberg, 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.
Entered: September 7, 2016
FRANCES E. CAFARELL, Clerk