Appellate Division: Second Judicial Department

M300266

KS/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2024-03696, 2024-03699, 2024-03700 In the Matter of Adonis Henry, appellant, v Jessica Chandler, respondent. (Docket No. F-3638-2023)

DECISION & ORDER ON MOTION

Appeals from findings of fact of the Family Court, Kings County, dated November 2, 2023, and two orders of the same court, both dated March 7, 2024. Motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel.

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 on the Court's own motion, the appeal from the findings of fact is dismissed, without costs or disbursements, on the ground that no appeal lies from findings of fact (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated March 7, 2024, are dismissed, without costs or disbursements, 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 we decline to grant leave to appeal; and it is further,

ORDERED that on the Court's own motion, the notice of appeal is deemed to be a notice of appeal from an order of the Family Court, Kings County, dated June 6, 2024 (see CPLR 5512[a]), and that appeal shall be prosecuted under Appellate Division Docket No. 2024-03696, and not under Appellate Division Docket Nos. 2024-03699 or 2024-03700; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act § 1116); and it is further,

ORDERED that the branches of the motion which are for free transcripts, waiver of the filing fee, and for the assignment of counsel are denied

CONNOLLY, J.P., GENOVESI, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court