IN THE MATTER OF DANTE S.
Motion No: CAF 19-00691 AND CAF 19-00692
Slip Opinion No: 2019 NY Slip Op 73409(U)
Decided on June 12, 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.


June 12, 2019

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

CAF 19-00691 AND CAF 19-00692
Docket No: B-2172-2173-16

IN THE MATTER OF DANTE S.



CHAUTAUQUA COUNTY DEPARTMENT OF HEALTH AND

HUMAN SERVICES, PETITIONER-RESPONDENT;

KATHRYNE T., RESPONDENT-APPELLANT,

AND TIMOTHY S., RESPONDENT.


Respondent-appellant having applied for permission to proceed as a poor person and for the assignment of counsel on the appeals taken herein from orders of the Family Court, Chautauqua County, entered January 8, 2019, and March 26, 2019,

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

It is hereby ORDERED that the appeal taken from the order entered January 8, 2019 (Appellate Division Docket No. CAF 19-00691) is dismissed on the ground that it is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]), and the application is dismissed with respect to that appeal,

It is further ORDERED that the application is granted with respect to the appeal taken from the order entered March 26, 2019 (Appellate Division Docket No. CAF 19-00692), and

It is further ORDERED that John A. Cirando, Esq., 101 South Salina Street, Suite 1010, Syracuse, New York 13202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Chautauqua County, provide John A. Cirando, 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, Chautauqua County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), and

It is further ORDERED that the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Chautauqua County Family Court Clerk's Office.

Entered: June 12, 2019

Mark W. Bennett

Clerk of the Court