IN THE MATTER OF DANIEL S. BLIXT V HILARY J. BLIXT
Motion No: CAF 08-01412
Slip Opinion No: 2008 NYSlipOp 83436(U)
Decided on September 17, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


September 17, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-01412
DOCKET NOS. V-3953-3954-02/07E & F

IN THE MATTER OF DANIEL S. BLIXT, PETITIONER-RESPONDENT,

V

HILARY J. BLIXT, RESPONDENT-APPELLANT.


Respondent-appellant having moved 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, Chautauqua County, entered in the Office of the Clerk of said Court on June 5, 2008,

Now, upon reading and filing the affidavit of Hilary J. Blixt, sworn to July 30, 2008, the notice of 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 John A. Herbowy, Esq., PO Box 937, Rome, New York 13442-0937, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Chautauqua County, is hereby directed to provide John A. Herbowy, 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: September 17, 2008

JOANN M. WAHL, Clerk