PRESENT: SCUDDER, P. J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-01659
DOCKET NOS. B-1284/85-05

MATTER OF FONCHASITY H. AND FONDESHIA H. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; TERRY H., RESPONDENT-APPELLANT.

An order having been entered on September 5, 2007 granting respondent-appellant's motion to perfect an appeal taken herein as a poor person and assigning Edward J. Nowak, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of David M. Abbatoy, Jr., Esq., dated September 21, 2007,

It is hereby ORDERED that James S. Hinman, Esq., 16 East Main Street, Rochester, New York 14614, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Monroe County entered in the office of the Clerk of said Court on July 11, 2007, in place and stead of Edward J. Nowak, Esq.; and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of the Family Court, Monroe County is hereby directed to provide James S. Hinman, Esq. with copies of all papers and transcripts of stenographic 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, Monroe County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: October 19, 2007

JOANN M. WAHL, Clerk