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

APPELLATE DIVISION DOCKET NO. CAF 12-01217
DOCKET NO. F-30485-02-11B
DOCKET NO. F-030485-02-11C

MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES ON BEHALF OF ELEASHA SMITH JACKSON, PETITIONER-RESPONDENT, V DEMETRIUS M. DAVIS, RESPONDENT-APPELLANT. DEMETRIUS M. DAVIS, PETITIONER-APPELLANT, V ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES ON BEHALF OF ELEASHA SMITH-JACKSON, RESPONDENT-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, dated May 14, 2012,

Now, upon reading and filing the certification of John M. Keavy, Esq., filed July 2, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that, with regard to the appeal from the portion of the order that pertains to the violation petition (Family Court Docket No. F-30485-02/11B), 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 the appeal from the portion of the order that pertains to the support modification petition (Family Court Docket No. F-30485-02/11C), the application insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized (see Family Court Act §§ 262, 1120 [a]), and the application insofar as it seeks permission to appeal as a poor person is denied with leave to renew upon the submission of a motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: July 18, 2012

FRANCES E. CAFARELL, Clerk