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

APPELLATE DIVISION DOCKET NO. CAF 07-02246
DOCKET NO. B-00112-06

MATTER OF EMILY W. NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; YVONNE P., 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, Niagara County, entered in the Office of the Clerk of said Court on September 24, 2007, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Yvonne P., sworn to October 19, 2007, the certification of Elizabeth Ciambrone, Esq., dated October 19, 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 Robert M. Pusateri, Esq., Niagara County Conflict Defender, 175 Hawley Street, Lockport, New York 14094, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Niagara County, is hereby directed to provide Robert M. Pusateri, 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, Niagara County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: December 5, 2007

JOANN M. WAHL, Clerk