PRESENT: SCUDDER, P. J., SMITH, CENTRA, CARNI, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-01935
DOCKET NOS. B-9233-34-07

MATTER OF MARC A. S., III, AND AMARIANA S. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; MARC A. S., RESPONDENT-APPELLANT.

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

Now, upon reading and filing the affirmation of Mary M. Donogher, Esq., dated March 1, 2009, the notice of motion with proof of service thereof, the affirmation of Charles D. Halvorsen, Esq., dated March 3, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal is denied on the ground that appellant has failed to demonstrate a reasonable excuse for the delay and a meritorious appeal (see

22 NYCRR 1000.13 [g]), and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and the assignment of counsel is dismissed.

Entered: March 31, 2009

JOANN M. WAHL, Clerk