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

APPELLATE DIVISION DOCKET NO. CAF 07-02362
DOCKET NOS. V16590-05/07A, V13457-07, V12451-07

MATTER OF ANTHONY E. C., SR., PETITIONER-RESPONDENT, V KIMYA S., RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on October 25, 2007, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Kimya S., sworn to October 3, 2007, the affidavit of Denis A. Kitchen, Esq., sworn to November 9, 2007, the notice of said motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Alan C. Birnholz, Esq., 39 Gatehouse Lane, East Amherst, New York 14051, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide Alan C. Birnholz, 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 stipulated or settled record and briefs are to be filed and served on or before December 31, 2007.

Entered: November 20, 2007

JOANN M. WAHL, Clerk