MATTER OF MAKAYLA S.
Motion No: CAF 12-01883
Slip Opinion No: 2012 NY Slip Op 88762(U)
Decided on October 22, 2012
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.


October 22, 2012

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.

APPELLATE DIVISION DOCKET NO. CAF 12-01883
DOCKET NO. B-2184-2185-11

MATTER OF MAKAYLA S.



STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

DAVID S., RESPONDENT-APPELLANT,

AND ALECIA P., 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, Steuben County, entered in the Office of the Clerk of said Court on August 21, 2012,

Now, upon reading and filing the certification of Jennifer L. Donlon, Esq., dated September 21, 2012, 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: October 22, 2012

FRANCES E. CAFARELL, Clerk