MATTER OF MARIO A. G. V MONROE COUNTY DEPARTMENT OF HUMAN SERVICES MATTER OF MARIO G. V THERESA P.
Motion No: CAF 07-02609
Slip Opinion No: 2008 NYSlipOp 60740(U)
Decided on January 9, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


January 9, 2008

PRESENT: HURLBUTT, J. P., CENTRA, FAHEY, PERADOTTO, AND GREEN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02609
DOCKET NO. V-06012/3-07
APPELLATE DIVISION DOCKET NO. CAF 08-00052
DOCKET NO. P-01094-07

MATTER OF MARIO A. G., PETITIONER,

V

MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

RESPONDENT.

MATTER OF MARIO G., PETITIONER,

V

THERESA P., RESPONDENT.


Petitioner having moved for an extension of time to serve a notice of appeal from the orders of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on May 21, 2007, and June 4, 2007, and for permission to appeal as a poor person and the assignment of counsel,

Now, upon reading and filing the affidavits of Mario A. G., sworn to November 27, 2007, and November 30, 2007, the notice of motion with proof of service thereof, the statement of Matthew J. Clark, Esq., dated December 11, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to serve a notice of appeal is denied, and

It is further ORDERED that the motion insofar as it seeks permission to appeal as a poor person and the assignment of counsel is dismissed on the ground that there is no appeal pending.

Entered: January 9, 2008

JOANN M. WAHL, Clerk