MATTER OF MYRANDA O. AND BRANDON O.
Motion No: CAF 08-01278
Slip Opinion No: 2008 NYSlipOp 82351(U)
Decided on September 10, 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.


September 10, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, PERADOTTO, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-01278
DOCKET NO. NN-1001-1002-07

MATTER OF MYRANDA O. AND BRANDON O.



WAYNE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

LORRAINE O., RESPONDENT, AND

DANIEL O., INTERVENOR-APPELLANT.


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, Wayne County, entered in the Office of the Clerk of said Court on May 19, 2008,

Now, upon reading and filing the affidavit of Daniel O., sworn to June 26, 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 denied and the appeal is dismissed on the ground that appellant lacks standing to appeal because he is not an aggrieved party (see CPLR § 5511).

Entered: September 10, 2008

JOANN M. WAHL, Clerk