PRESENT: SCUDDER, P. J., FAHEY, PERADOTTO, PINE, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02690
DOCKET NO. NN-2273-2275-07/07A

MATTER OF FRANCIS S., TEQUILAROSE H. AND JESSE J. H. ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; WENDY H., RESPONDENT-RESPONDENT, AND JEREMY H., RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on January 15, 2008, and for other relief,

Now, upon reading and filing the certification of Louis H. Mannara, Esq., dated May 1, 2008, the affidavit of Jeremy H., sworn to May 2, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Gerald T. Barth, Esq., Frank H. Hiscock Legal Aid Society, 351 South Warren Street, Syracuse, New York 13202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Onondaga County, is hereby directed to provide Gerald T. Barth, 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, Onondaga County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), and

It is further ORDERED that the notice of appeal filed December 17, 2007, shall be treated as valid as to the order of Family Court entered January 15, 2008.

Entered: June 17, 2008

JOANN M. WAHL, Clerk