PRESENT: CENTRA, J. P., FAHEY, PERADOTTO, CARNI, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00006
DOCKET NOS. B9712/14-05
APPELLATE DIVISION DOCKET NO. CAF 09-00047
DOCKET NOS. B9712/14-05
DOCKET NO. V6321-07

MATTER OF TERRANCE M., DWAYNE M. AND SHAWN M. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; TERRANCE M., SR., RESPONDENT-APPELLANT, AND JASMINE M., RESPONDENT. MATTER OF TERRANCE M., DWAYNE M., AND SHAWN M. —————————————————————&md ash;———————————————————- MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; TERRANCE M., SR., RESPONDENT-APPELLANT, AND JASMINE M., RESPONDENT. ———————————————————— ———————————————————- MATTER OF CHARLOTTE S., PETITIONER, V TERRANCE M., SR., RESPONDENT-APPELLANT, AND JASMINE M., RESPONDENT. ——————————————————————— ——————————————————- DERAL D. GIVENS, ESQ., LAW GUARDIAN, APPELLANT.

Respondent-appellant having applied for permission to proceed as a poor person and for the assignment of counsel on the appeals taken herein from orders of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on December 16, 2008, and December 22, 2008,

Now, upon reading and filing the certification of Rhian Jones, Esq., dated January 22, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the application insofar as it seeks permission to proceed as a poor person and the assignment of counsel on the appeal taken from the order of Family Court entered December 22, 2008, is granted, and

It is further ORDERED that Kimberly J. Czapranski, Esq., Acting Monroe County Conflict Defender, 30 West Broad Street, Suite 306, Rochester, New York 14614, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Monroe County, is hereby directed to provide Kimberly J. Czapranski, 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, Monroe County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), and

It is further ORDERED that the appeal taken from the order of Family Court entered December 16, 2008 (Appellate Division Docket No. CAF 09-00006), is dismissed on the ground that no appeal lies from an order that has been superseded by an amended order.

Entered: February 26, 2009

JOANN M. WAHL, Clerk