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

APPELLATE DIVISION DOCKET NO. CAF 07-02410
DOCKET NO. B-01934-07

MATTER OF DECARRIO S., JR. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; SHATICA 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 23, 2007, and for assignment of counsel, and for other relief,Now, upon reading and filing the affidavit of Denis A. Kitchen, Esq., sworn to November 29, 2007, the affidavit of Shatica S., sworn to May 24, 2007, the notice of motion with proof of service thereof, the affirmation of Charles D. Halvorsen, Esq., dated November 30, 3007, the affidavit of Denis A. Kitchen, Esq., sworn to December 7, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Evelyne A. O'Sullivan, Esq., 137 Glen Oak, 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 Evelyne A. O'Sullivan, 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, Erie County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: January 17, 2008

JOANN M. WAHL, Clerk