Jefferson Cnty. Dep't of Soc. Servs. v. James M. (In re Madeline C.)

Full title: IN THE MATTER OF MADELINE C., CHEYENNE M.C., AND SOPHIA C. JEFFERSON…

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

Date published: Oct 21, 2019

2019 N.Y. Slip Op. 82464 (N.Y. App. Div. 2019)

Opinion

CAF 19-01159 Docket No: B-1614-18 Docket No: B-1615-18 Docket No: B-1616-18 CAF 19-01920

10-21-2019

IN THE MATTER OF MADELINE C., CHEYENNE M.C., AND SOPHIA C. JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; v. JAMES M., RESPONDENT-APPELLANT. IN THE MATTER OF CHEYENNE C., MADELINE C., AND SOPHIA C. JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; v. JAMES M., RESPONDENT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

An appeal having been taken herein from an order of the Family Court, Jefferson County, entered May 31, 2019 (CAF 19-01159), and respondent-appellant having moved pursuant to CPLR 5520 (c) for an order treating his notice of appeal filed June 12, 2019, as a notice of appeal from an order of the Family Court, Jefferson County, entered June 18, 2019, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the notice of appeal shall be treated as valid as to the Findings of Fact, Conclusions of Law and Order of Disposition of Family Court entered June 18, 2019 (CAF 19-01920), and

It is further ORDERED that Paul B. Watkins, Esq., 115 North Main Street, 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, Jefferson County, provide Paul B. Watkins, 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, Jefferson 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 Jefferson County Family Court Clerk's Office.

Entered: October 21, 2019

Mark W. Bennett

Clerk of the Court