Waterman v. Cowling

Full title: IN THE MATTER OF KATHERINE M. WATERMAN, PETITIONER-RESPONDENT, v. ANTHONY…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 31, 2020

2020 N.Y. Slip Op. 71529 (N.Y. App. Div. 2020)

Opinion

CAF 20-00490 Docket No: O-03153-19 Docket No: O-03153-19/19A Docket No. V-02158-19 Docket No. V-03176-19 CAF 20-00491 Docket No: O-03153-19 CAF 20-00492 Docket No: O-03153-19/19A

07-31-2020

IN THE MATTER OF KATHERINE M. WATERMAN, PETITIONER-RESPONDENT, v. ANTHONY F. COWLING, RESPONDENT-APPELLANT. IN THE MATTER OF ANTHONY F. COWLING, PETITIONER-APPELLANT, KATHERINE M. WATERMAN, RESPONDENT-RESPONDENT. IN THE MATTER OF KATHERINE M. WATERMAN, PETITIONER-RESPONDENT, v. ANTHONY F. COWLING, RESPONDENT-APPELLANT. IN THE MATTER OF KATHERINE M. WATERMAN, PETITIONER-RESPONDENT, v. ANTHONY F. COWLING, RESPONDENT-APPELLANT. IN THE MATTER OF KATHERINE M. WATERMAN, PETITIONER-RESPONDENT, v. ANTHONY F. COWLING, RESPONDENT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from a decision and orders of the Family Court, Oneida County, entered March 4, 2020,

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

It is hereby ORDERED that the appeal from the decision of Family Court dated March 4, 2020 (CAF 20-00490), is dismissed on the ground that no appeal lies from a decision (see Kuhn v Kuhn, 129 AD2d 967, 967 [4th Dept 1987]), and the application with respect to that appeal is dismissed, and

It is further ORDERED that the application with respect to the remaining appeals is granted, and

It is further ORDERED that Kathryn F. Hartnett, Esq., 258 Genesee Street, Suite 603, Utica, New York 13502, is hereby assigned as counsel to conduct the appeals, and

It is further ORDERED that the Oneida County Family Court Clerk provide Kathryn F. Hartnett, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeals are based, and

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

Entered: July 31, 2020

Mark W. Bennett

Clerk of the Court