MATTER OF EMMERAN M.
Motion No: CAF 08-00735
Slip Opinion No: 2009 NYSlipOp 61516(U)
Decided on January 15, 2009
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 15, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 08-00735
DOCKET NO. B-08895-07

MATTER OF EMMERAN M.



MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

PETITIONER-RESPONDENT;

EMMERAN M., RESPONDENT-APPELLANT.


An appeal having been taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on March 20, 2008,

Now, upon reading and filing the Consent to Change of Attorney of Emmeran M., filed January 13, 2009, Timothy S. Davis, Esq., dated December 16, 2008, and Eric Dolan, Esq., dated January 12, 2009,

It is hereby ORDERED that the order entered June 6, 2008, assigning Timothy P. Donaher, Esq. to conduct the appeal and permitting respondent-appellant to appeal as a poor person be, and the same hereby is vacated, and

It is further ORDERED that respondent-appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before March 16, 2009, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

ENTERED: January 15, 2009

JOANN M. WAHL, Clerk