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

APPELLATE DIVISION DOCKET NO. CAF 10-00975
DOCKET NOS. NA-255-0, NA-504, 505-09
APPELLATE DIVISION DOCKET NO. CAF 10-01633
DOCKET NOS. NA-255-0, NA-504, 505-09
APPELLATE DIVISION DOCKET NO. CAF 10-01802
DOCKET NOS. NA-255-0, NA-504, 505-09

MATTER OF MIRANDA F., BRANDY D., AND NICOLE D. CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; KEVIN D., RESPONDENT-APPELLANT. MATTER OF MIRANDA F., BRANDY D., AND NICOLE D. ————————————————————— ——————————————————————& mdash;—- CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; KEVIN D., RESPONDENT-APPELLANT. MATTER OF MIRANDA F., BRANDY D., AND NICOLE D. ————————————————————— ——————————————————————& mdash;—- CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; KEVIN D., RESPONDENT-APPELLANT.

Respondent-appellant having applied for permission to proceed as a poor person on the appeals taken herein from orders of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on April 13, 2010, June 29, 2010, and August 19, 2010, and for assignment of counsel,

Now, upon reading and filing the certification of Bronwyn Gonzales, Esq., filed April 20, 2010, the certifications of Heather Tomes, Esq., filed July 23, 2010, and August 31, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that with regard to the appeals taken from the orders entered April 13, 2010 (CAF 10-00975), and June 29, 2010 (CAF 10-01633), the applications are denied and the appeals are dismissed on the ground that no appeal lies from an order that has been superseded by an amended order, and

It is further ORDERED that with regard to the appeal taken from the order entered August 19, 2010 (CAF 10-01802), the application is granted, and

It is further ORDERED that Jay D. Carr, Esq., 235 North Union Street, Olean, New York 14760, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Cattaraugus County, provide Jay D. Carr, 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, Cattaraugus County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

ENTERED: December 6, 2010

PATRICIA L. MORGAN, Clerk