| MATTER OF NICOLE S. |
| Motion No: CAF 09-00131 |
| Slip Opinion No: 2009 NY Slip Op 84113(U) |
| Decided on September 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. |
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 09-01738
DOCKET NOS. NN-02588-06, NA-02589-06
| MATTER OF NICOLE S. NIAGARA COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; JASON S., RESPONDENT-APPELLANT. MATTER OF NICOLE
S. —————————————————————
————————————————————- NIAGARA
COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; JASON S., RESPONDENT-APPELLANT, AND NATALIE S. AND MICHAEL S.,
RESPONDENTS. |
Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on July 10, 2009 (CAF 09-01738),
Now, upon reading and filing the affidavit of Jason S., sworn to August 11, 2009, the certification of Michael H.A. Heron, Esq., filed August 19, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, 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 appeal taken herein from the order of Family Court, Niagara County, entered November 26, 2008 (CAF 09-00131) is dismissed on the ground that no appeal lies from an order that has been superseded by an amended order.
Entered: September 15, 2009
PATRICIA L. MORGAN, Clerk