MATTER OF KELLY ANN ROBINSON V BRIAN J. BURKE
Motion No: CAF 08-01981
Slip Opinion No: 2008 NYSlipOp 86930(U)
Decided on October 16, 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.


October 16, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-01981
DOCKET NO. F-16226-04/07F

MATTER OF KELLY ANN ROBINSON, PETITIONER-RESPONDENT,

V

BRIAN J. BURKE, RESPONDENT-APPELLANT.


Respondent-appellant having applied 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 July 30, 2008, and for assignment of counsel, and for other relief,

Now, upon reading and filing the certification of Ruth E. Baum, Esq., sworn to September 20, 2008,

It is hereby ORDERED that the application 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: October 16, 2008

JOANN M. WAHL, Clerk