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

APPELLATE DIVISION DOCKET NO. CAF 08-00964
DOCKET NO. B-00223-07

MATTER OF RACHAEL N. ONTARIO COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; CHRISTINE N., RESPONDENT-RESPONDENT, AND DOUGLAS M., 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, Ontario County, entered in the Office of the Clerk of said Court on April 22, 2008, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Douglas M., sworn to April 29, 2008, the notice of motion and proof of service thereof, the affirmation of Barry D. McFadden, Esq., dated May 6, 2008, the affidavit of Douglas M., sworn to May 12, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Susan Gray Jones, Esq., 21 Sly Street, Canandaigua, New York 14424, is hereby assigned as counsel to conduct the appeal, and

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

Entered: June 9, 2008

JOANN M. WAHL, Clerk