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

CAF 20-00075 AND CAF 20-00083
Docket No: F-05000-16/18C

IN THE MATTER OF ALBA M. MERCEDES, PETITIONER- RESPONDENT, V CARLOS M. SANCHEZ, RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Erie County, entered December 5, 2019,

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 appeal taken from the "Decision and Order on Order to Show Cause" (CAF 20-00075) is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]), and the motion with respect to that appeal is dismissed, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and assignment of counsel on the appeal taken from the "Order Upon Support Magistrate Determination of Willfulness Amended" (CAF 20-00083) is granted, and

It is further ORDERED that Timothy Lovallo, Esq., 295 Main Street, Suite 1088, Buffalo, New York 14203, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Erie County Family Court Clerk provide Timothy Lovallo, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, 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 Erie County Family Court Clerk.

Entered: April 27, 2020

Mark W. Bennett

Clerk of the Court