IN THE MATTER OF ADELAIDE H.
Motion No: CAF 24-01682 and CAF 24-01683
Slip Opinion No: 2024 NY Slip Op 81350(U)
Decided on December 13, 2024
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 13, 2024

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

CAF 24-01682 and CAF 24-01683
Docket No: NN-00497-23

IN THE MATTER OF ADELAIDE H.



WAYNE COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

HEATHER H., 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, Wayne County, entered December 28, 2023, and August 15, 2024,

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 December 28, 2023 (CAF 24-01682), 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 August 15, 2024 (CAF 24-01683), and

It is further ORDERED that Tyson Blue, Esq., 4064 County Line Road, Macedon, New York 14502, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Wayne County Family Court Clerk provide Tyson Blue, 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 Wayne 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 Wayne County Family Court Clerk.

Entered: December 13, 2024

Ann Dillon Flynn

Clerk of the Court