Gay v. Gay

• Decision Date: 27 September 1996
• Citation: 231 A.D.2d 965,648 N.Y.S.2d 389
• Parties: Matter of Francis X. GAY, Appellant, v. Patricia M. GAY, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 389

648 N.Y.S.2d 389

231 A.D.2d 965

Matter of Francis X. GAY, Appellant, v. Patricia M. GAY, Respondent.

Supreme Court of New York, Appellate Division, Fourth Department.

Sept. 27, 1996.

MEMORANDUM:

The order sought to be appealed is not a dispositional order that is appealable as of right (see, Family Ct Act § 1112[a]; see also, Matter of Gay v. Gay, App Div, 4th Dept, June 19, 1996). Leave to appeal is not warranted because the attorney making this motion is not the attorney of record for the children he seeks to represent (see, Matter of Fargnoli v. Faber, 65 N.Y.2d 631, 491 N.Y.S.2d 158, 480 N.E.2d 746, mot to vacate denied 65 N.Y.2d 783, 492 N.Y.S.2d 948, 482 N.E.2d 566).

Motion for leave to appeal denied.

PINE, J.P., and LAWTON, WESLEY, DOERR and BALIO, JJ., concur.