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

CAF 23-01679, CAF 23-01680 and CAF 23-01681
Docket No: F-08964-13/22F

IN THE MATTER OF TIARRA H. LUMPKIN, PETITIONER-RESPONDENT, V JAHMEL A. MUNN, 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 March 16, 2023, and August 2, 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 appeals taken from the orders entered March 16, 2023 (CAF 23-01679, CAF 23-01680), are dismissed on the ground that the orders are not appealable (see Family Court Act § 439 [a], [e]), and the application is dismissed with respect to those appeals, and

It is further ORDERED that the application is granted with respect to the appeal taken from the order entered August 2, 2023 (CAF 23-01681), and

It is further ORDERED that Caitlin Connelly, Esq., 170 Manhattan Avenue, PO Box 292, Buffalo, New York 14215, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Erie County Family Court Clerk provide Caitlin Connelly, 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 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: December 13, 2023

Ann Dillon Flynn

Clerk of the Court