| MATTER OF NICOLE S. |
| Motion No: CAF 09-00131 |
| Slip Opinion No: 2009 NY Slip Op 73631(U) |
| Decided on May 26, 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. |
PRESENT: HURLBUTT, J. P., SMITH, CENTRA, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00131
DOCKET NO. NA-02588-06
APPELLATE DIVISION DOCKET NO. CAF 09-00877
DOCKET NO. NA-02588-06, NA-02588-06/07A
| MATTER OF NICOLE S. NIAGARA COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; JASON S., RESPONDENT-APPELLANT. MATTER OF NICOLE
S. —————————————————————
—————————————————————- N
IAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; JASON S.,
RESPONDENT-APPELLANT. |
Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on November 26, 2008 (CAF 09-00131), and December 16, 2008 ("corrected order") (CAF 09-00877),
Now, upon reading and filing the affidavit of Jason S., sworn to March 19, 2009, the certification of Michael H.A. Heron, Esq., filed March 23, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the application is granted with regard to the appeal taken under Appellate Division Docket No. CAF 09-00131, and
It is further ORDERED that Debra D. Wilson, Esq., 415 Bewley Building, Suite 232, Lockport, New York 14094, is hereby assigned as counsel to conduct the appeal, and
It is further ORDERED that the Clerk of the Family Court, Niagara County, is hereby directed to provide Debra D. Wilson, 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, Niagara County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), and
It is further ORDERED that the application is denied with regard to the appeal taken under Appellate Division Docket No. CAF 09-00877, and the appeal is dismissed on the ground that the corrected order did not effect a substantive change in the original order (see Matter of Moody v Sorokina, 56 AD3d 1246).
Entered: May 26, 2009
PATRICIA L. MORGAN, Clerk