| IN THE MATTER OF JOELLE C. SPENCER V CHRISTOPHER M. SMITH |
| Motion No: CAF 24-00990 |
| Slip Opinion No: 2024 NY Slip Op 71145(U) |
| Decided on July 16, 2024 |
| 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. |
PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, OGDEN, AND DELCONTE, JJ.
CAF 24-00990
Docket No: F-12411-13/22G
| IN THE MATTER OF JOELLE C. SPENCER,
PETITIONER-RESPONDENT, V CHRISTOPHER M. SMITH, RESPONDENT-APPELLANT. |
Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Erie County, entered January 19, 2023,
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 appeal is dismissed on the ground that the order is not appealable (see Family Court Act § 439 [e]; Matter of Dompkowski v Dompkowski, 154 AD2d 950, 950-951 [4th Dept 1989]), and
It is further ORDERED that the motion is dismissed.
Entered: July 16, 2024
Ann Dillon Flynn
Clerk of the Court