| IN THE MATTER OF JEZEKIAH G. AND JANAIAH G. |
| Motion No: CAF 23-00783 |
| Slip Opinion No: 2023 NY Slip Op 70214(U) |
| Decided on July 13, 2023 |
| 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, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CAF 23-00783
Docket Nos. B-214-18 B-215-18
Docket No: B-145-18
CAF 23-00784
Docket No: B-00145-18
CAF 23-00785
Docket No: B-00215-18, B-00214-18
| IN THE MATTER OF JEZEKIAH G. AND JANAIAH G. ERIE COUNTY
DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ASHALEY C.,
RESPONDENT-APPELLANT. —————————————————&mdas
h;————— IN THE MATTER OF ARIELLE
M. —————————————————————
—— ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ASHALEY C., RESPONDENT-APPELLANT. IN THE
MATTER OF AERIELLE
M. —————————————————————
—- ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ASHALEY C., RESPONDENT-APPELLANT. IN THE
MATTER OF JEZEKIAH G. AND JANAIAH
G. —————————————————————
——- ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ASHALEY 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 a decision of the Family Court, Erie County, entered March 13, 2023, and from orders of the Family Court entered April 19, 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 decision entered March 13, 2023 (CAF 23-00783) is dismissed on the ground that no appeal lies from a decision (see Matter of Hankinson v Steele, 195 AD3d 1380, 1380-1381 [4th Dept 2021]; Kuhn v Kuhn, 129 AD2d 967, 967 [4th Dept 1987]), 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 Joseph Jarzembek, Esq., 135 Montrose Avenue, Buffalo, New York 14214, is hereby assigned as counsel to conduct the remaining appeals, and
It is further ORDERED that the Erie County Family Court Clerk provide Joseph Jarzembek, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeals are 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 records 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 13, 2023
Ann Dillon Flynn
Clerk of the Court