Appellate Division: Second Judicial Department

M294433

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-09112 In the Matter of Roman K. Brik, appellant, v Ilana Stroutsovsky, respondent. (Docket Nos. V-1268-2020/20A, V-1269-2020/22B)

DECISION & ORDER ON MOTION

Appeal from an oral decision of the Family Court, Richmond County, dated September 13, 2023. By order to show cause dated October 30, 2023, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies a from decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), or, in the alternative, on the ground that no appeal lies from a nondispositional order in a proceeding pursuant to Family Court Act article 6, part 3. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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 (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

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

BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court