| Matter of Pelcak v Matousek |
| Motion No: 2023-00779 |
| Slip Opinion No: 2023 NY Slip Op 72846(U) |
| Decided on September 6, 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. |
Appellate Division: Second Judicial Department
M290884
AFA/
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2023-00779, 2023-00780, 2023-00781 In the Matter of Allan O. Pelcak, Jr., appellant, v Laura J. Matousek, respondent. (Docket No. F-1614-2007/22K)
| DECISION & ORDER ON MOTION |
Appeals from three orders of the Family Court, Rockland County, all dated October 13, 2022. Motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel. By order to show cause dated March 31, 2023, the parties were directed to show cause before this Court why the appeals should or should not be dismissed on the ground that no appeal lies as of right from nondispositional orders in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act § 1112), and leave to appeal has not been granted, and the motion was held in abeyance in the interim. Motion by the appellant, inter alia, to deem the notice of appeal from the orders also to be a notice of appeal from an order of the same court dated December 16, 2022.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements; and it is further,
ORDERED that the motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel is denied as academic; and it is further,
ORDERED that the branch of the motion which is to deem the notice of appeal from the orders dated October 13, 2022, to also be a notice of appeal from the order dated December 16, 2022, is denied as unnecessary as the appellant has taken an appeal from the order dated December 16, 2022, which is pending under Appellate Division Docket Number 2023-04983, and that motion is otherwise denied.
DILLON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court