MATTER OF MICHAEL KRAFT AND HEATHER L. KRAFT V KIMBERLY A. BOURGEOIS AND THOMAS CLAYTON
Motion No: CAF 18-01157
Slip Opinion No: 2018 NY Slip Op 89758(U)
Decided on November 28, 2018
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.


November 28, 2018

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND DEJOSEPH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 18-01157
DOCKET NOS. V-00475-17, V-00476-17

MATTER OF MICHAEL KRAFT AND HEATHER L. KRAFT,

PETITIONERS,

V

KIMBERLY A. BOURGEOIS, RESPONDENT-RESPONDENT,

AND THOMAS CLAYTON, 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, Steuben County, entered in the Office of the Clerk of said Court on March 29, 2018,

Now, upon reading and filing affidavit of Thomas Clayton, sworn to August 22, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

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

It is further ORDERED that the motion is dismissed.

Entered: November 28, 2018

MARK W. BENNETT, Clerk