Appellate Division: Second Judicial Department

M293085

KS/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2023-03134 In the Matter of Charlane Thomas, appellant, v Kysohn Livingston, respondent. (Docket No. F-198-2010/2020J)

DECISION & ORDER ON MOTION

Appeal by Charlane Thomas from an order of the Family Court, Kings County, dated October 5, 2018. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated October 27, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act § 1112), and leave to appeal had not been granted, and the motion by the appellant was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and 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 the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion by the appellant is denied as academic.

DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court