Opinion
Motion No. CAF 24-00990 Docket No. F-12411-13/22G
07-16-2024
IN THE MATTER OF JOELLE C. SPENCER, PETITIONER-RESPONDENT, v. CHRISTOPHER M. SMITH, RESPONDENT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, OGDEN, AND DELCONTE, 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 January 19, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the appeal is dismissed on the ground that the order is not appealable (see Family Court Act § 439 [e]; Matter of Dompkowski v Dompkowski, 154 A.D.2d 950, 950-951 [4th Dept 1989]), and
It is further ORDERED that the motion is dismissed.