Opinion
Motion Nos. CAF 23-01343 CAF 23-01344 Docket No. NA-05187-20
11-16-2023
IN THE MATTER OF GODDESS H. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT DAMON H., RESPONDENT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, 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, Erie County, entered December 20, 2022, and August 3, 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 taken from the order entered December 20, 2022 (CAF 23-01343), is dismissed (see Matter of Mea V. (Brandon V.), 210 A.D.3d 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 taken from the order entered August 3, 2023 (CAF 23-01344), and
It is further ORDERED that Charles Greenberg, Esq., 3840 East Robinson Road, Suite 318, Amherst, New York 14228, is hereby assigned as counsel to conduct the appeal, and
It is further ORDERED that the Erie County Family Court Clerk provide Charles Greenberg, 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 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 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.