PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

CAF 23-00706
Docket No: NA-08040, 42-20
CAF 23-00707
Docket No: NA-08040-20

IN THE MATTER OF IVANA C. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; DARON C., RESPONDENT-APPELLANT, AND KALAYAH R., RESPONDENT. IN THE MATTER OF IVANA C. ————————————————————— — ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; DARON C., 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 August 26, 2022, and April 3, 2023,

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 from the order entered August 26, 2022 (CAF 23-00706) is dismissed (see Matter of Mea V. (Brandon V.), 210 AD3d 1408, 1408 [4th Dept 2022]), and the application with respect to that appeal is dismissed, and

It is further ORDERED that the application is otherwise granted, and

It is further ORDERED that Charles Greenberg, Esq., 3840 East Robinson Road, Suite 318, Amherst, New York 14228, is hereby assigned as counsel to conduct the remaining appeal, and

It is further ORDERED that the Erie County Family Court Clerk provide Charles 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.

Entered: July 11, 2023

Ann Dillon Flynn

Clerk of the Court