Opinion
Motion No: 2011-04511 2011-04515 Docket No. V-12461/08 V-17708-06/08C V-17708-06/09D V-17708-06/10G M125579
09-12-2011
In the Matter of Joshua Knights, respondent, v. Gladys Woods, appellant.
, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute appeals from an order and a decision of the Family Court, Queens County, both dated April 4, 2011, as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeals.
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 decision (Appellate Division Docket No. 2011-04515) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal from the decision as a poor person, for the assignment of counsel to prosecute the appeal from the decision, and for a preference in the calendaring of the appeal from the decision are denied as academic; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order as a poor person and for the assignment of counsel are denied, with leave to renew on or before October 12, 2011, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including the value of and equity in the appellant's real property in Maryland and the amount and source of counsel fees paid to retained counsel; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal from the order is denied with leave to renew after that appeal has been fully perfected.
SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court