IN THE MATTER OF HAILEY J. THOMAS V WILLIAM S. LARKIN
Motion No: CAF 23-01232 and CAF 23-01741
Slip Opinion No: 2023 NY Slip Op 76768(U)
Decided on November 3, 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.


November 3, 2023

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

CAF 23-01232 and CAF 23-01741
Docket No: O-0897-23

IN THE MATTER OF HAILEY J. THOMAS, PETITIONER-RESPONDENT,

V

WILLIAM S. LARKIN, RESPONDENT.



BETH A. LOCKHART, ESQ., ATTORNEY FOR THE CHILD, APPELLANT.


Petitioner-respondent 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, Onondaga County, entered May 2, 2023, and May 25, 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 May 25, 2023 (CAF 23-01741), is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act §§ 841 [d], 1112 [a]), and the application with respect to that appeal is dismissed, and

It is further ORDERED that the application with respect to the appeal taken from the order entered May 2, 2023 (CAF 23-01232), is granted, and

It is further ORDERED that Philip Rothschild, Esq., Frank H. Hiscock Legal Aid Society, 351 South Warren Street, Syracuse, New York 13202, is hereby assigned as counsel for petitioner-respondent herein and may submit an original, five hard copies, and one electronic copy of the respondent's brief, together with proof of service of one hard copy of the brief upon any party exempt from e-filing pursuant to 22 NYCRR 1000.17 (c) (6) (A).

Entered: November 3, 2023

Ann Dillon Flynn

Clerk of the Court