PRESENT: SMITH, J.P., CENTRA, CARNI, DEJOSEPH, AND WINSLOW, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-02135
DOCKET NO. V-03112-14-15H
APPELLATE DIVISION DOCKET NO. CAF 17-01773
DOCKET NOS. V-03112-14/15D, V-03112-14/15F,
V-03112-14/15I, V-03112-14/16K
DOCKET NOS. V-03112-14/16L, V-03112-14

MATTER OF CHERI CARTER, PETITIONER-APPELLANT, V DEVAUGHN T. JONES, RESPONDENT-RESPONDENT. MATTER OF DEVAUGHN JONES, PETITIONER-RESPONDENT, V CHERI CARTER, RESPONDENT-APPELLANT. MATTER OF CHERI CARTER, PETITIONER-APPELLANT, V DEVAUGHN JONES, RESPONDENT-RESPONDENT.

Appeals having been herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on November 30, 2015, and October 28, 2016, and appellant having moved to vacate the dismissal of the appeal taken from the order entered November 30, 2015, for permission to proceed as a poor person and the assignment of counsel with respect to the appeal taken from the order entered October 28, 2016, and to consolidate the appeals,

Now, upon reading and filing the affirmation of Denis A. Kitchen, Esq., dated October 10, 2017, 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 to vacate the dismissal of the appeal taken from the order entered November 30, 2015, is dismissed on the ground that the appeal has been rendered moot by the order of Family Court entered October 28, 2016, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and the assignment of counsel with respect to the appeal taken from the order entered October 28, 2016, is dismissed on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12 [b]), and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is dismissed.

Entered: October 25, 2017

MARK W. BENNETT, Clerk