| IN THE MATTER OF MIONETTE R.A. |
| Motion No: CAF 23-01303 |
| Slip Opinion No: 2023 NY Slip Op 75747(U) |
| Decided on October 20, 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
CAF 23-01303
Docket Nos: B-8838-21, B-8840-21, B-8841-21
CAF 23-01304
Docket No: B-8841-21
| IN THE MATTER OF MIONETTE R.A. ERIE COUNTY
DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; KIMBERLY B., RESPONDENT, AND DANON A.A.,
RESPONDENT-APPELLANT. IN THE MATTER OF MIONETTE
A. ———————————————————&
mdash;——————- ERIE COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; DANON A.A., 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 5, 2023, and July 21, 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 taken from the order entered January 5, 2023 (CAF 23-01303), 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 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 entered July 21, 2023 (CAF 23-01304), 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: October 20, 2023
Ann Dillon Flynn
Clerk of the Court