In the Matter of Warren County Department of Social Services on Behalf of Caitlin Elisabeth Smith v David John Ordway

Motion No: 531192

Slip Opinion No: 2020 NY Slip Op 66087(U)

Decided on May 6, 2020

Appellate Division, Third 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.

State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: May 6, 2020531192

In the Matter of WARREN COUNTY DEPARTMENT OF SOCIAL SERVICES on Behalf of CAITLIN ELISABETH SMITH, Respondent, v DAVID JOHN ORDWAY, Appellant.

DECISION AND ORDER ON MOTION

Application for permission to proceed as a poor person on appeal and for assignment of counsel.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, and upon consideration of the recommendation of the Warren County Plan, it is

ORDERED that the application is granted and Kelly Egan, Esq., Appeals Director, Rural Law Center of New York, 1528 Columbia Turnpike, Castleton, NY 12033, is assigned to represent appellant upon this appeal pursuant to Family Court Act § 1120, and it is further

ORDERED that the appeal shall be perfected by the appendix method in accordance with section 1250.5 (c) of the Practice Rules of the Appellate Division and sections 850.7 (b) and 850.9 (a) of this Court's Rules of Practice, and it is further

ORDERED that if the appeal has not been registered with NYSCEF, counsel shall register the appeal within 14 days of the date of this decision and order, and it is further

ORDERED that pursuant to CPLR 1102, the Clerk of the Family Court of Warren County is directed to furnish two copies of the transcripts of the stenographic minutes of all proceedings in the matter: one to appellant's counsel along with a copy of any other paper or document on file in that office except those which appellate counsel or the court from which the appeal is taken determines are not material and relevant to this appeal, and the second copy of said transcripts to the Clerk of this Court, and the transcripts shall be omitted from the hard copy of the record, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision and order, appellate counsel shall make an application on notice for a further extension of time to perfect the appeal.
Garry, P.J., Egan Jr., Clark and Colangelo, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court