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

APPELLATE DIVISION DOCKET NO. CAF 08-00175
DOCKET NO. B-03114-05

MATTER OF SHAD S., JR. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; AMY C. Y., 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 December 28, 2007,

Now, upon reading and filing the affidavit of Amy Y., sworn to March 19, 2008, the affirmation of David J. Pajak, Esq., dated March 20, 2008, the notice of motion with proof of service thereof, the affirmation of Charles D. Halvorsen, Esq., dated March 26, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide David J. Pajak, Esq., 13179 Broadway, Suite 2, Alden, New York 14004, 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: May 5, 2008

JOANN M. WAHL, Clerk