| MATTER OF BURKE H. |
| Motion No: CAF 12-01943 |
| Slip Opinion No: 2012 NY Slip Op 94112(U) |
| Decided on December 12, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND VALENTINO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 12-01943
DOCKET NO. NN-12106-11
DOCKET NOS. B-9051-3-10, B-9047-9-10
| MATTER OF BURKE H. ERIE COUNTY DEPARTMENT OF
SOCIAL SERVICES, PETITIONER-RESPONDENT; RICHARD H., RESPONDENT, AND TIFFANY H.,
RESPONDENT-APPELLANT. ———————————————&mdash
;————————————————————&m
dash;— MATTER OF SEAN H., DONNA H., AND CHLOE
H. ———————————————————&
mdash;——————————————————- ERIE
COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; RICHARD B.H., RESPONDENT, AND TIFFANY H.,
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 August 24, 2012,
Now, upon reading and filing the certification of Yvonne A. Vertlieb, Esq., dated October 15, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that, with regard to the appeal from the portion of the order pertaining to Family Court Docket Nos. B-9051-3-10 and B-9047-9-10, 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 pertaining to Family Court Docket No. NN-12106-11, the application is granted, and
It is further ORDERED that Evelyne O'Sullivan, Esq., 137 Glen Oak, Amherst, New York 14051 is hereby assigned as counsel to conduct the appeal, and
It is further ORDERED that the Clerk of the Family Court, Erie County, provide Evelyne O'Sullivan, 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, Erie County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).
Entered: December 12, 2012
FRANCES E. CAFARELL, Clerk