MATTER OF JEWELS J. AND JUSTIN J.
Motion No: CAF 19-00160
Slip Opinion No: 2019 NY Slip Op 68265(U)
Decided on April 2, 2019
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.


April 2, 2019

PRESENT: WHALEN, P.J., PERADOTTO, CARNI, NEMOYER, AND CURRAN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 19-00160
DOCKET NOS. B-02215-18, B-02216-18

MATTER OF JEWELS J. AND JUSTIN J.



MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

PETITIONER-RESPONDENT;

JUSTIN J., RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to file a late notice of appeal with respect to an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on October 5, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant's notice of appeal, dated January 7, 2019, is deemed timely filed and served, and

It is further ORDERED that the order of this Court entered February 25, 2019, which dismissed the appeal taken from the order of Family Court entered October 5, 2018, is vacated, and

It is further ORDERED that the order of this Court entered February 26, 2019, which dismissed appellant's application for permission to proceed as a poor person and the assignment of counsel, is vacated, and

It is further ORDERED that appellant perfect the appeal on or before July 1, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 2, 2019

MARK W. BENNETT, Clerk