PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, SCONIERS, AND WHALEN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 14-02261
DOCKET NO. F-00368-14-14A
APPELLATE DIVISION DOCKET NO. CAF 14-02262
DOCKET NO. F-00368-14-14A

MATTER OF ROSE M. GIBSON, PETITIONER-RESPONDENT, V THOMAS W. MURTAUGH, JR., RESPONDENT-APPELLANT. MATTER OF ROSE M. GIBSON, PETITIONER-RESPONDENT, V THOMAS W. MURTAUGH, JR., RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Herkimer County, entered in the Office of the Clerk of said Court on November 12, 2014 (CAF 14-02261), and November 18, 2014 (CAF 14-02262),

Now, upon reading and filing the affidavit of Thomas W. Murtaugh, Jr., sworn to December 16, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks relief on the appeal taken from the order entered November 12, 2014, is denied and the appeal is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]), and

It is further ORDERED that the motion insofar as it seeks relief on the appeal taken from the order entered November 18, 2014, is granted, and

It is further ORDERED that John A. Herbowy, Esq., PO Box 937, Rome, New York 13442, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Herkimer County, is hereby directed to provide John A. Herbowy, 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.

Entered: March 23, 2015

FRANCES E. CAFARELL, Clerk