MATTER OF MYA P.
Motion No: CAF 11-01628
Slip Opinion No: 2011 NY Slip Op 83556(U)
Decided on September 12, 2011
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.


September 12, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 11-01628
DOCKET NO. B-9016-10

MATTER OF MYA P.



ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

DONALD B.-P., RESPONDENT-APPELLANT.


Respondent-appellant having applied 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, Erie County, entered in the Office of the Clerk of said Court on July 21, 2011,

Now, upon reading and filing the certification of Edward J. Martnshin, Esq., dated September 2, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the application is denied and the appeal is dismissed on the ground that the order sought to be appealed is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]).

Entered: September 12, 2011

PATRICIA L. MORGAN, Clerk