Opinion
APPELLATE DIVISION DOCKET NO. CAF 12-00712 (APPEAL NO. 1.)DOCKET NO. NN-458,459-11 APPELLATE DIVISION DOCKET NO. CAF 12-00713 (APPEAL NO. 2.)DOCKET NO. NN-457-11, NN-458-11, NN-459-11
08-07-2012
MATTER OF JOSEPH D. AND WILKINS F. YATES COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; v. TAMELA F., RESPONDENT-APPELLANT. MATTER OF JAMES D.D., JOSEPH D. AND WILKINS F. YATES COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; v. TAMELA F., RESPONDENT-APPELLANT.
PRESENT: , J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.
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, Yates County, entered in the Office of the Clerk of said Court on March 22, 2012, and March 23, 2012,
Now, upon reading and filing the certification of James F. Miller, Esq., dated June 13, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that, with regard to appeal No. 1, the application is denied and the appeal is dismissed on the ground that no appeal lies from an order entered upon consent (see Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652), and
It is further ORDERED that, with regard to appeal No. 2, the application is granted and Cara A. Waldman, Esq., PO Box 1701, Fairport, New York 14450, is hereby assigned as counsel to conduct the appeal, and
It is further ORDERED that the Clerk of the Family Court, Yates County, provide Cara A. Waldman, 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 appeal No. 2 is based, and
It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Yates County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).
FRANCES E. CAFARELL, Clerk