Opinion
APPELLATE DIVISION DOCKET NO. CAF 13-01788 DOCKET NO. F-15609-11-12A
10-22-2013
MATTER OF GABRIELE JOANNA BOUTIN, PETITIONER-RESPONDENT, v. RUSSELL STEPHEN LEONE, RESPONDENT-APPELLANT.
PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND VALENTINO, JJ.
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 in the Office of the Clerk of said Court on July 15, 2013,
Now, upon reading and filing the affidavit of Russell S. Leone, sworn to August 7, 2013, the certification of Raymond T. Miles, III, Esq., dated October 2, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that the order sought to be appealed is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]).
FRANCES E. CAFARELL, Clerk