| MATTER OF JOSEPH M., JR. |
| Motion No: CAF 14-02186 |
| Slip Opinion No: 2015 NY Slip Op 68135(U) |
| Decided on March 23, 2015 |
| 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 LINDLEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 14-02186
DOCKET NO. B-08722-13
APPELLATE DIVISION DOCKET NO. CAF 15-00225
DOCKET NO. B-08722-13
| MATTER OF JOSEPH M., JR. ERIE COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; JOSEPH M., SR., RESPONDENT-APPELLANT. MATTER OF JOSEPH M.,
JR. ————————————————————&mdash
;————————————————— ERIE COUNTY DEPARTMENT OF
SOCIAL SERVICES, PETITIONER-RESPONDENT; JOSEPH M., SR., RESPONDENT-APPELLANT. |
Respondent-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on November 10, 2014 (CAF 14-02186), and January 6, 2015 (CAF 15-00225),
Now, upon reading and filing the certification of Joseph J. Scinta, Jr., Esq., dated January 29, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the application insofar as it seeks relief on the appeal taken from the order entered November 10, 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 application insofar as it seeks relief on the appeal taken from the order entered January 6, 2015, is granted, and
It is further ORDERED that Alan Birnholz, Esq., 39 Gatehouse Lane, East 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 Alan Birnholz, 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: March 23, 2015
FRANCES E. CAFARELL, Clerk