Appellate Division: Second Judicial Department

M304090

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2024-11218 Kristyn Geraghty, respondent, v Dustin Geraghty, appellant. (Index No. 602607/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 23, 2024. Motion by the appellant for waiver of costs, fees, and expenses and for the assignment of counsel. By order to show cause dated February 10, 2025, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted (see CPLR 5701), and appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 5701), without costs or disbursements; and it is further,

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

CHAMBERS, J.P., CHRISTOPHER, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court