IN THE MATTER OF MICHAEL C. SMITH V VALORIE J. SMITH
Motion No: CAF 23-00515
Slip Opinion No: 2023 NY Slip Op 65442(U)
Decided on April 12, 2023
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.


April 12, 2023

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

CAF 23-00515
Docket No: F-03314-13/22T
CAF 23-00516
Docket No: F-03314-13/22U
CAF 23-00517
Docket No: F-03314-13/22V

IN THE MATTER OF MICHAEL C. SMITH, PETITIONER-APPELLANT,

V

VALORIE J. SMITH, RESPONDENT-RESPONDENT.

IN THE MATTER OF MICHAEL C. SMITH, PETITIONER-APPELLANT,

V

VALORIE J. SMITH, RESPONDENT-RESPONDENT.

IN THE MATTER OF MICHAEL C. SMITH, PETITIONER-APPELLANT,

V

VALORIE J. SMITH, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Niagara County, entered November 9, 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 appeals are dismissed on the ground that no appeal lies from the order of a support magistrate unless objections are filed and the order is reviewed by a Family Court Judge (see Family Court Act § 439 [e]), and

It is further ORDERED that the motion is dismissed.

Entered: April 12, 2023

Ann Dillon Flynn

Clerk of the Court