| MATTER OF TIFFANY L. MALCHOW V MATTHEW F. MALCHOW |
| Motion No: CAF 16-02136 |
| Slip Opinion No: 2016 NY Slip Op 93681(U) |
| Decided on December 5, 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: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND DEJOSEPH, JJ.
APPELLATE DIVISION DOCKET NO. CAF 16-02136
DOCKET NO. O-08988-16
| MATTER OF TIFFANY L. MALCHOW,
PETITIONER-RESPONDENT, V MATTHEW F. MALCHOW, RESPONDENT-APPELLANT. |
Respondent-appellant having applied 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 October 26, 2016,
Now, upon reading and filing the certification of Tara A. Midlik, Esq., dated November 22, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the appeal is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]), and
It is further ORDERED that the application is dismissed.
Entered: December 5, 2016
FRANCES E. CAFARELL, Clerk