PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND DEJOSEPH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 16-00015
DOCKET NOS. B-1029/1033-14

MATTER OF ELIJAH B., SIERRA B., JERZEELYN M., DAKOTA M. AND MAKKIAH M. LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; NICHOLE B.M., RESPONDENT-APPELLANT.

Appellant having moved for leave to file a notice of appeal from an order of the Family Court, Livingston County, entered in the Office of the Clerk of said Court on November 2, 2015, or, in the alternative, for relief pursuant to CPLR 5520 (c), and for permission to proceed as a poor person and the assignment of counsel,

Now, upon reading and filing the affirmation of Christopher J. Laragy, Esq. dated December 30, 2015, 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 pursuant to CPLR 5520 (c) is granted, and the notice of appeal filed July 24, 2015, shall be treated as valid as to the order of Family Court entered November 2, 2015, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and the assignment of counsel is granted, and Jeannie Michalski, Esq., Genesee Valley Legal Aid, Inc., 6 Court Street, Room B-11, Geneseo, New York 14454, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Livingston County, provide Jeannie Michalski, 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, Livingston County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: January 26, 2016

FRANCES E. CAFARELL, Clerk