| MATTER OF JEREMYAH B. |
| Motion No: CAF 13-00547 |
| Slip Opinion No: 2013 NY Slip Op 70047(U) |
| Decided on April 8, 2013 |
| 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: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND VALENTINO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 13-00547
DOCKET NO. AS-13189-12
| MATTER OF JEREMYAH B. ERIE COUNTY DEPARTMENT
OF SOCIAL SERVICES, PETITIONER-RESPONDENT; JEREMY B., 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 March 6, 2013,
Now, upon reading and filing the certification of Alan Birnholz, Esq., filed March 26, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the application is denied, and
It is further ORDERED that the appeal from the portion of the order that approved the surrender instrument, the transfer of custody and guardianship to petitioner-respondent and the post-adoption contact agreement is dismissed on the ground that no appeal lies from an order entered upon consent (Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652), and
It is further ORDERED that the appeal from the portion of the order related to the permanency hearing is dismissed on the ground that respondent-appellant lacks standing to appeal (see Matter of April C., 31 AD3d 1200).
Entered: April 8, 2013
FRANCES E. CAFARELL, Clerk