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

APPELLATE DIVISION DOCKET NO. CAF 08-02192
DOCKET NO. V-12789-04

MATTER OF BARBARA A. BRAULT, PETITIONER-RESPONDENT, V DEBORAH K. SMUGORZEWSKI, RESPONDENT-APPELLANT, AND PETER HUBINSKI, RESPONDENT.

Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on September 19, 2008, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Deborah Smugorzewski, sworn to October 17, 2008, the notice of said motion with proof of service thereof, the statement of Paul D. Fuller, Esq., dated October 23, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Timothy P. Donaher, Esq., Monroe County Public Defender, 10 North Fitzhugh Street, Rochester New York 14614, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Monroe County, is hereby directed to provide Timothy P. Donaher, 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: November 13, 2008

JOANN M. WAHL, Clerk