PRESENT: SCUDDER, P. J., HURLBUTT, SMITH, CENTRA, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02228
DOCKET NOS. B-21002-05-05

MATTER OF DEMARIO J., DESHAWN L., RAKIM S., AND RENIYA S. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; MICHELLE S., RESPONDENT-APPELLANT.

Respondent-appellant having applied for permission to proceed as a poor person 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 November 2, 2007, and for assignment of counsel, and for other relief,

Now, upon reading and filing the certification of Alan Birnholz, Esq., dated October 29, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted and the notice of appeal filed October 22, 2007 shall be treated as valid as to the order of Family Court entered November 2, 2007, and

It is further ORDERED that Jeffrey M. Harrington, Esq., 561 Ridge Road, Lackawanna, New York 14218, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide Jeffrey M. Harrington, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Erie County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: December 4, 2007

JOANN M. WAHL, Clerk