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

APPELLATE DIVISION DOCKET NO. CAF 08-01082
DOCKET NOS. B-00329-330, 617-618-05

MATTER OF DIANA M. T. AND HAANNAH T. ALLEGANY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ROBERT T., RESPONDENT-APPELLANT.

Respondent-appellant having applied for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Allegany County, entered in the Office of the Clerk of said Court on October 22, 2007, and for other relief,

Now, upon reading and filing the certification of Robert D. O'Connell, Esq., dated March 17, 2008, the statement of David J. Pajak, Esq., dated March 26, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted and David J. Pajak, Esq., 13179 Broadway, Suite 2, Alden, New York 14004, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Allegany County, is hereby directed to provide David J. Pajak 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, Allegany County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), and

It is further ORDERED that the notices of appeal filed June 19, 2007, and September 5, 2007, shall be treated as valid as to the order of disposition entered October 22, 2007.

ENTERED: May 14, 2008

JOANN M. WAHL, Clerk