IN THE MATTER OF VICTORIA PRITTY-PITCHER V DELBERT HARGIS IN THE MATTER OF VICTORIA A. PRITTY-PITCHER V DELBERT W.
Motion No: CAF 22-01495
Slip Opinion No: 2022 NY Slip Op 76485(U)
Decided on December 9, 2022
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.


December 9, 2022

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

CAF 22-01495
Docket No: V-2452-12/20P-S, O-548-21
CAF 22-01496
Docket No: V-02452-12/20P
CAF 22-01497
Docket No: V-2452-12/20Q

IN THE MATTER OF VICTORIA PRITTY-PITCHER, PETITIONER-RESPONDENT,

V

DELBERT HARGIS, RESPONDENT-APPELLANT.

IN THE MATTER OF VICTORIA A. PRITTY-PITCHER, PETITIONER-RESPONDENT,

V

DELBERT W. HARGIS, JR., RESPONDENT-APPELLANT,

AND NICOLE E. HARGIS, RESPONDENT-RESPONDENT.

IN THE MATTER OF VICTORIA PRITTY-PITCHER, PETITIONER-RESPONDENT,

V

DELBERT HARGIS, RESPONDENT-APPELLANT,

AND NICOLE HARGIS, RESPONDENT-RESPONDENT.


Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from a decision of the Family Court, Jefferson County, dated August 16, 2022, and from orders of the Family Court entered August 31, 2022,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal from the decision dated August 16, 2022 (CAF 22-01495), is dismissed on the ground that no appeal lies from a decision (see Matter of Hankinson v Steele, 195 AD3d 1380, 1380-1381 [4th Dept 2021]; Kuhn v Kuhn, 129 AD2d 967, 967 [4th Dept 1987]), and the motion with respect to that appeal is dismissed, and

It is further ORDERED that the motion is otherwise granted, and

It is further ORDERED that John A. Cirando, Esq., 250 South Clinton Street, Suite 350, Syracuse, New York 13202, is hereby assigned as counsel to conduct the appeals, and

It is further ORDERED that the Jefferson County Family Court Clerk provide John A. Cirando, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the records and briefs are to be filed and served within 60 days of the filing of the transcripts with the Jefferson County Family Court Clerk.

Entered: December 9, 2022

Ann Dillon Flynn

Clerk of the Court