MATTER OF WILLIAM C.B.
Motion No: CAF 10-00353
Slip Opinion No: 2010 NY Slip Op 70491(U)
Decided on April 27, 2010
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.


April 27, 2010

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

APPELLATE DIVISION DOCKET NO. CAF 10-00353
DOCKET NO. B-19021-2008
APPELLATE DIVISION DOCKET NO. CAF 10-00596
DOCKET NO. B-19021-08
APPELLATE DIVISION DOCKET NO. CAF 10-00597
DOCKET NO. B-19021-08

MATTER OF WILLIAM C.B.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

JUDY B., RESPONDENT-APPELLANT.

MATTER OF WILLIAM C.B.

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ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

JUDY B., RESPONDENT-APPELLANT.

MATTER OF WILLIAM C.B.

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ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

JUDY B., RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to proceed as a poor person on the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on January 13, 2010, February 2, 2010, and February 4, 2010, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Judy B., sworn to February 22, 2010, the affirmation of Charles J. Greenberg, Esq., dated March 8, 2010, the notice of motion with proof of service thereof, the affirmation of Charles D. Halvorsen, Esq., dated March 3, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal from the order entered January 13, 2010 (CAF 10-00353), is dismissed on the ground that the order is superseded by the order entered February 2, 2010, and is brought up for review on the appeal from that order, and

It is further ORDERED that the motion is granted with regard to the appeals from the orders entered February 2, 2010, and February 4, 2010, and

It is further ORDERED that Charles J. Greenberg, Esq., P.O. Box 102, Buffalo, New York 14207-0102, is hereby assigned as counsel to conduct the appeals, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide Charles J. Greenberg, 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 appeals are based, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Erie County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: April 27, 2010

PATRICIA L. MORGAN, Clerk