PRESENT: SMITH, J. P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. 08-00936
DOCKET NO. V-19242-99/08F

MATTER OF TAMMY SHAW, PETITIONER-APPELLANT, V FRANK CANNATA, RESPONDENT-RESPONDENT.

Petitioner-appellant having moved to vacate the dismissal of an appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on April 3, 2008, and for permission to proceed as a poor person and for assignment of counsel,

Now, upon reading and filing the affidavit of Ann Leonard Anderson, Esq., sworn to July 7, 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 Bernadette Hoppe, Esq., 508 Prospect Street, Buffalo, New York 14201, 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 Bernadette Hoppe, 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: July 29, 2008

JOANN M. WAHL, Clerk