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

APPELLATE DIVISION DOCKET NO. CAF 08-01200
DOCKET NOS. V-18065-01/07D, V-18065-01/07E

MATTER OF WILLIAM BURCZYNSKI, PETITIONER-APPELLANT, V STEPHANIE RODGERS, RESPONDENT-RESPONDENT.

Petitioner-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 May 8, 2008, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of William D. Burczynski, sworn to May 28, 2008, the notice of said motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Alan Birnholz, Esq., 39 Gatehouse Lane, East 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 Alan Birnholz, 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.

Entered: June 24, 2008

JOANN M. WAHL, Clerk