OF SOCIAL SERVICES, -; KRISTIN A. GRABBITT IN THE MATTER OF ANN MARIE GRABBITT AND DOUGLAS GRABBITT V MATTHEW GRABBITT
Motion No: Docket Nos: V-00316, 00317-17/22E,
Slip Opinion No: 2026 NY Slip Op 64546(U)
Decided on February 27, 2026
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.


February 27, 2026

Docket Nos: V-00316, 00317-17/22E,
NN-00141-22, NN-00144-22,
O-00755, 00756-24,
V-00478, 00479-24
CAF 26-00417
Docket Nos: V-478-479-24
Docket Nos: V-316-317-12/22E

OF SOCIAL SERVICES, PETITIONER-RESPONDENT;

KRISTIN A. GRABBITT, RESPONDENT-RESPONDENT.

IN THE MATTER OF ANN MARIE GRABBITT AND DOUGLAS GRABBITT,

PETITIONERS-RESPONDENTS,

V

MATTHEW GRABBITT, RESPONDENT-APPELLANT,

AND KRISTIN GRABBITT, RESPONDENT-RESPONDENT.



IN THE MATTER OF MATTHEW GRABBITT, PETITIONER-APPELLANT,

V

KRISTIN GRABBITT, RESPONDENT-RESPONDENT.


Appeals having been taken herein from a decision of the Family Court, Allegany County, dated December 5, 2025, and from an order of the Family Court, Allegany County, entered December 10, 2025, and appellant having applied for a waiver of costs, fees, and expenses and for assignment of counsel,

Now, upon reading and filing the papers with respect to the applications, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal dated December 16, 2025, which displays Family Court docket numbers O-00755-24, and O-00756-24, shall be treated as valid as to the decision of Family Court dated December 5, 2025, and

It is further ORDERED that the appeal taken from the decision dated December 5, 2025 (Appellate Division Docket No. CAF 26-00194), is dismissed on the ground that no appeal lies from a decision (see Matter of Hankinson v Steele, 195 AD3d 1380, 1380-1381 [4th Dept 2021]; Kuhn v Kuhn, 129 AD2d 967, 967 [4th Dept 1987]), and the applications with respect to that appeal are dismissed, and

It is further ORDERED that the applications with respect to the appeal taken from the order entered December 10, 2025 (Appellate Division Docket No. CAF 26-00417), are granted, and

It is further ORDERED that Thomas Pelych, Esq., 226 Main Street, Hornell, New York 14843, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Allegany County Family Court Clerk provide Thomas Pelych, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the transcripts, if any, shall be filed with the Allegany County Family Court Clerk, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), and

It is further ORDERED that the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Allegany County Family Court Clerk.

Entered: February 27, 2026

Ann Dillon Flynn

Clerk of the Court