Matter of Thomas v Thomas
Motion No: 2022-06805
Slip Opinion No: 2023 NY Slip Op 72248(U)
Decided on August 23, 2023
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M290671

AFA/

FRANCESCA E. CONNOLLY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2022-06805, 2022-06806, 2022-06808, 2022-06809,

2022-06810, 2022-06811, 2022-06812, 2022-06813,

2022-06814, 2022-06815, 2022-06816, 2022-06817,

2022-06818, 2022-06819, 2022-06820, 2022-06821,

2022-06822, 2022-06823, 2022-06824, 2022-06825,

2023-07490

In the Matter of Maurice Jason Ovid Thomas, respon

v Rachel Litylus Thomas, appellant.

(Docket Nos. V-1932-2018, V-10821-2017, V-11516

V-2653-2018, V-2653-2018/2018B, V-10821-2017/2

V-2653-2018/2018C, V-10821-2017/2018C, V-1932

O-7713-2018/2018A, O-7713-2018, O-11480-2017,

O-7648-2018/2018A, O-6959-2018, V-1932-2018/20

V-1932-2018/2019E, V-1932-2018/2019F, V-10821-

V-10821-2017/2019F, O-10992-2019, V-565-2021,

V-1932-2018/2021J, V-10821-2017/2021K, V-918-2

V-10821-2017/2021M, V-1932-2018/2021M, V-108

O-1832-2021, O-1830-2021, V-1932-2018/2021N, V

V-10821-2017/2021N, V-10821-2017/2021L, V-193

V-10821-2017/2021O, V-10821-2017/2021P, V-193

V-1932-2018/2021P)

DECISION & ORDER ON MOTION






dent,


-2017,
018B,
-2018/2018B
O-7648-2018,
18C,
2017/2019E,
V-566-2021,
021, V-919-2021,
21-2017/2021J,
-1932-2018/2021K,
2-2018/2021L,
2-2018/2021O,

Appeals by Rachel Litylus Thomas from orders of the Family Court, Nassau County, dated August 9, 2019 (two orders), August 22, 2018, September 11, 2018 (two orders), August 19, 2019 (two orders), March 10, 2020, February 4, 2021, February 11, 2021, March 1, 2021, March 3, 2021, March 22, 2021 (two orders), April 26, 2021, June 14, 2021, August 26, 2021, December 6, 2021 (two orders), and March 30, 2022 (two orders), respectively. Motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeals under Appellate Division docket numbers 2022-06805, 2022-06808, 2022-06809, 2022-06812, 2022-06813, 2022-06814, 2022-06815, 2022-06816, 2022-06817, 2022-06818, 2022-06821, 2022-06822, 2022-06823, 2022-06824, 2022-06825 and 2022-07490, are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), no appeal lies as of right from nondispositional orders in proceedings pursuant to Family Court Act article 6, part 3 and article 8 (see Family Ct Act § 1112), and leave to appeal has not been granted, no appeal lies from orders entered upon the consent of the appealing party (see CPLR 5511), no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and the appellant is not aggrieved (see CPLR 5511), and the branch of the motion which is for leave to prosecute those appeals as a poor person and for the assignment of counsel is denied as academic; and it is further,

ORDERED that the motion is otherwise denied, with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, (2) whether the appellant was represented by assigned counsel or retained counsel in the Family Court and, if retained, the amount and source of counsel fees paid to retained counsel, and (3) the amount and source of money used to pay for hearing transcripts.

CONNOLLY, J.P., DOWLING, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court