Baker v Galynskaia
Motion No: 2024-00783
Slip Opinion No: 2024 NY Slip Op 74579(U)
Decided on September 18, 2024
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

M299286

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

LOURDES M. VENTURA, JJ.

2024-00783

Patrick J. Baker, respondent, v Marina

Aleksandrovna Galynskaia, appellant.

(Index No. 61777/2023)

DECISION & ORDER ON MOTION

2024-02399

Patrick J. Baker, respondent, v Marina

Aleksandrovna Galynskaia, appellant.

(Index No. 61777/2023)

Appeals from an order of the Supreme Court, Westchester County, dated December 22, 2023, and a judgment of the same court dated March 5, 2024. Motion by the appellant pro se for leave to prosecute the appeal from the order as a poor person. Separate motion by the appellant pro se for leave to prosecute the appeal from the judgment as a poor person.

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 on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion by the appellant for leave to prosecute the appeal from the order as a poor person is denied as academic; and it is further,

ORDERED that the motion by the appellant for leave to prosecute the appeal from the judgment as a poor person is denied with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.

DUFFY, J.P., MILLER, CHRISTOPHER and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court