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

APPELLATE DIVISION DOCKET NO. CAF 12-00115
(APPEAL NO. 1.)DOCKET NO. B-02184-11
APPELLATE DIVISION DOCKET NO. CAF 12-00116
(APPEAL NO. 2.)DOCKET NO. NN-01827-11
APPELLATE DIVISION DOCKET NO. CAF 12-00117
(APPEAL NO. 3.)DOCKET NO. NN-01686-10

MATTER OF MAKAYLA L.S. STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; DAVID J.S., JR., RESPONDENT-APPELLANT. MATTER OF ALEXANDER J.S. ————————————————————&mdash ;———————————————————— STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; DAVID J.S., JR., RESPONDENT-APPELLANT. MATTER OF MAKAYLA L.S. ————————————————————&mdas h;———————————————————— STEUBE N COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; DAVID J.S., JR., RESPONDENT-APPELLANT.

Respondent-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Steuben County, entered in the Office of the Clerk of said Court on December 13, 2011,

Now, upon reading and filing the certification of Jennifer L. Donlon, Esq., dated May 21, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that, with regard to appeal No. 1, 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]), and

It is further ORDERED that, with regard to appeal No. 3, the application is denied and the appeal is dismissed on the ground that the Permanency Hearing Order entered February 1, 2012, renders the appeal moot, and

It is further ORDERED that, with regard to appeal No. 2, the application is granted and Raymond P. Kot, II, Esq., 336 Harris Hill Road, Williamsville, New York 14221, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Steuben County, provide Raymond P. Kot, II, 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 appeal No. 2 is based, and

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

Entered: July 9, 2012

FRANCES E. CAFARELL, Clerk