IN THE MATTER OF ANTHONY M., JR., ZEMOURA M., AND ZHAIRYN H.
Motion No: CAF 23-01399
Slip Opinion No: 2023 NY Slip Op 77986(U)
Decided on December 5, 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.


December 5, 2023

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

CAF 23-01399
Docket No: NA-7655-7657-19
CAF 23-01400
Docket No: NA-7655-7657-19

IN THE MATTER OF ANTHONY M., JR., ZEMOURA M., AND ZHAIRYN H.



ONONDAGA COUNTY DEPARTMENT OF CHILDREN

AND FAMILY SERVICES, PETITIONER-RESPONDENT;

JASMINE M., RESPONDENT-APPELLANT,

AND ALEJANDRO D.S., RESPONDENT.

IN THE MATTER OF ANTHONY M., JR., ZEMOURA M., AND ZHAIRYN H.

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ONONDAGA COUNTY DEPARTMENT OF CHILDREN

AND FAMILY SERVICES, PETITIONER-RESPONDENT;

JASMINE M., RESPONDENT-APPELLANT,

AND ALEJANDRO D.S., RESPONDENT.


Respondent-appellant having applied for permission to proceed as a poor person and for the assignment of counsel on the appeals taken herein from orders of the Family Court, Onondaga County, entered February 27, 2023, and July 7, 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 February 27, 2023 (CAF 23-01399) is dismissed (see Matter of Mea V. (Brandon V.), 210 AD3d 1408, 1408 [4th Dept 2022]), 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 from the order entered July 7, 2023 (CAF 23-01400), 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 to conduct the appeal, and

It is further ORDERED that the Onondaga County Family Court Clerk provide Philip Rothschild, 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 Onondaga 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 Onondaga County Family Court Clerk.

Entered: December 5, 2023

Ann Dillon Flynn

Clerk of the Court