Erie Cnty. Dep't of Soc. Servs. v. Jessica W. (In re Harmony W.)

Full title: MATTER OF HARMONY W. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 1, 2019

2019 N.Y. Slip Op. 68262 (N.Y. App. Div. 2019)

Opinion

APPELLATE DIVISION DOCKET NO. CAF 18-02380 APPELLATE DIVISION DOCKET NO. CAF 19-00173 DOCKET NO. B-13084-17 APPELLATE DIVISION DOCKET NO. CAF 19-00020

04-01-2019

MATTER OF HARMONY W. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; v. JESSICA W., RESPONDENT-APPELLANT.

SMITH, J.P., CENTRA, CARNI, LINDLEY, AND DEJOSEPH, JJ.

PRESENT:

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 in the Office of the Clerk of said Court on December 4, 2018, and December 21, 2018,

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 application insofar as it seeks permission to appeal as a poor person and the assignment of counsel on the appeals taken from the "Decision and Order," under Appellate Division Docket Number CAF 18-02380, and from the "Order to Revoke Suspended Judgment," under Appellate Division Docket Number CAF 19-00173, is granted, and

It is further ORDERED that William D. Broderick, Jr., Esq., PO Box 515, Elma, New York 14059, is hereby assigned as counsel to conduct the appeals, and

It is further ORDERED that the Clerk of the Family Court, Erie County, provide William D. Broderick, Jr., Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Erie County, 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's Office, and

It is further ORDERED that the appeal taken from the "Order on Motion #2," under Appellate Division Docket Number CAF 19-00020, 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 with respect to that appeal is hereby dismissed.

Entered: April 1, 2019

MARK W. BENNETT, Clerk