Opinion
Motion Nos. CAF 22-00531 CAF 22-00532 Docket Nos. NA-14079-19 NA-140808-19 NA-14080-19
07-07-2022
IN THE MATTER OF SHAYMARI R. AND ZAKIYYAH T. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; LAMAR R., RESPONDENT, AND JEANETTE R., RESPONDENT-APPELLANT. IN THE MATTER OF SHAYMARI R. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; LAMAR R., RESPONDENT, AND JEANETTE R., RESPONDENT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, 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 January 18, 2022, and March 7, 2022,
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 of Family Court, entered January 18, 2022 (), is dismissed, 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 of Family Court, entered March 7, 2022 (CAF 22-00532), and
It is further ORDERED that Charles J. Greenberg, Esq., 3840 East Robinson Road, Suite 318, Amherst, New York 14228-2001, is hereby assigned as counsel to conduct the appeal, and
It is further ORDERED that the Erie County Family Court Clerk provide Charles J. 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.
Memorandum: "The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the order of disposition" (Matter of Anthony W., 200 A.D.3d 1596, 1596 [4th Dept 2021]).