| MATTER OF ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES V CHRISTA M. AND MICHAEL M. MATTER OF ANTHONY H. AND SAMANTHA S. |
| Motion No: CAF 06-02989 |
| Slip Opinion No: 2008 NYSlipOp 68828(U) |
| Decided on April 2, 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. |
PRESENT: SMITH, J. P., CENTRA, LUNN, PERADOTTO, AND GREEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 06-02989
DOCKET NOS. NN-00310-06, NN-00311-06
APPELLATE DIVISION DOCKET NO. CAF 07-00353
DOCKET NOS. NN-00310-06, NN-00311-06
| MATTER OF ONEIDA COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT, V CHRISTA M., RESPONDENT, AND MICHAEL M., RESPONDENT-APPELLANT. MATTER OF ANTHONY H.
AND SAMANTHA S. ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; CHRISTA M., RESPONDENT, AND
MICHAEL M., RESPONDENT-APPELLANT. |
Appeals having been taken herein from orders of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on July 26, 2006 (Appeal No. 1), and November 20, 2006 (Appeal No. 2), and respondent- appellant having moved to vacate the dismissal of the appeals, for the assignment of counsel on Appeal No. 2, and for other relief,
Now, upon reading and filing the affirmation of Paul M. Deep, Esq., dated February 18, 2008, the affidavit of Michael M., sworn to February 18, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an order vacating the dismissal of Appeal No.1 is granted, and the appeal is withdrawn by stipulation, and
It is further ORDERED that the motion insofar as it seeks an order vacating the dismissal of Appeal No. 2 is denied; and
It is further ORDERED that the motion insofar as it seeks the assignment of counsel on Appeal No. 2 is dismissed.
ENTERED: April 2, 2008
JOANN M. WAHL, Clerk