MATTER OF MICHAEL D. H., JR.
Motion No: CAF 08-00456
Slip Opinion No: 2008 NYSlipOp 68274(U)
Decided on March 31, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


March 31, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-00456
DOCKET NO. B-01862-06/07A

MATTER OF MICHAEL D. H., JR.



HERKIMER COUNTY DEPARTMENT OF SOCIAL SERVICE,

PETITIONER-RESPONDENT;

HOLLY D., 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, Herkimer County, entered in the Office of the Clerk of said Court on February 15, 2008, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Holly D., sworn to March 3, 2008, the notice of motion and proof of service thereof, the affidavit of Mary M. Iocovozzi, sworn to March 18, 2008, the certification of Christopher Jude Pelli, Esq., dated March 20, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Abbie Goldbas, Esq., 1900 Bleecker Street, Utica, New York 13501, is hereby assigned as counsel to conduct the appeal, and

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

Entered: March 31, 2008

JOANN M. WAHL, Clerk