Opinion
Motion Nos. CAF 23-00783 CAF 23-00784 CAF 23-00785 Docket Nos. B-214-18 B-215-18 B-00145-18 B-00215-18 B-00214-18
07-13-2023
IN THE MATTER OF JEZEKIAH G. AND JANAIAH G. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ASHALEY C., RESPONDENT-APPELLANT. IN THE MATTER OF ARIELLE M. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ASHALEY C., RESPONDENT-APPELLANT. IN THE MATTER OF AERIELLE M. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ASHALEY C., RESPONDENT-APPELLANT. IN THE MATTER OF JEZEKIAH G. AND JANAIAH G. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ASHALEY C., RESPONDENT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
Respondent-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from a decision of the Family Court, Erie County, entered March 13, 2023, and from orders of the Family Court entered April 19, 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 decision entered March 13, 2023 () is dismissed on the ground that no appeal lies from a decision (see Matter of Hankinson v Steele, 195 A.D.3d 1380, 1380-1381 [4th Dept 2021]; Kuhn v Kuhn, 129 A.D.2d 967, 967 [4th Dept 1987]), and the application with respect to that appeal is dismissed, and
It is further ORDERED that the application is otherwise granted, and
It is further ORDERED that Joseph Jarzembek, Esq., 135 Montrose Avenue, Buffalo, New York 14214, is hereby assigned as counsel to conduct the remaining appeals, and
It is further ORDERED that the Erie County Family Court Clerk provide Joseph Jarzembek, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeals are based, and
It is further ORDERED that the transcripts, if any, shall be filed with the Erie 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 records and briefs are to be filed and served within 60 days of the filing of the transcripts with the Erie County Family Court Clerk.