| IN THE MATTER OF SHAYMARI R. AND ZAKIYYAH T. |
| Motion No: CAF 22-00531 |
| Slip Opinion No: 2022 NY Slip Op 69148(U) |
| Decided on July 7, 2022 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
CAF 22-00531
Docket Nos: NA-14079-19, NA-140808-19
CAF 22-00532
Docket No: NA-14080-19
| IN THE MATTER OF SHAYMARI R. AND ZAKIYYAH
T. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; LAMAR R., RESPONDENT, AND
JEANETTE R., RESPONDENT-APPELLANT. IN THE MATTER OF SHAYMARI
R. ———————————————————&
mdash;———— ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; LAMAR R.,
RESPONDENT, AND JEANETTE R., RESPONDENT-APPELLANT. |
Respondent-appellant having applied 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 January 18, 2022, and March 7, 2022,
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 of Family Court, entered January 18, 2022 (CAF 22-00531), is dismissed, and the application is dismissed with respect to that appeal, and
It is further ORDERED that the application is granted with respect to the appeal taken from the order of Family Court, entered March 7, 2022 (CAF 22-00532), and
It is further ORDERED that Charles J. Greenberg, Esq., 3840 East Robinson Road, Suite 318, Amherst, New York 14228-2001, is hereby assigned as counsel to conduct the appeal, and
It is further ORDERED that the Erie County Family Court Clerk provide Charles J. Greenberg, 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 transcripts, if any, shall be filed with the Erie County Family Court Clerk, 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 Erie County Family Court Clerk.
Memorandum: "The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the order of disposition" (Matter of Anthony W., 200 AD3d 1596, 1596 [4th Dept 2021]).
Entered: July 7, 2022
Ann Dillon Flynn
Clerk of the Court