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

APPELLATE DIVISION DOCKET NO. CAF 08-01608
DOCKET NOS. V-00824-99/07DQ, V-00824-99/08DS

MATTER OF MAURICE HENRY, PETITIONER-APPELLANT, V CHARITY CAYE, RESPONDENT-RESPONDENT.

An order having been entered on September 5, 2008 granting petitioner-appellant's motion to perfect an appeal taken herein as a poor person and assigning William L. Koslosky, Esq. as counsel to perfect the appeal, and counsel for appellant having moved to be relieved of his assignment,

Now, upon reading and filing the affirmation of William L. Koslosky, Esq., dated October 4, 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. Cirando, Esq., 101 South Salina Street, Suite 1010, Syracuse, New York 13202, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Oneida County entered in the office of the Clerk of said Court on May 22, 2008, in place and stead of William L. Koslosky, Esq. and said appeal may be prosecuted .upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of the Family Court, Oneida County is hereby directed to provide John A. Cirando, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that the stipulated or settled record and briefs are to be filed and served on or before February 23, 2009.

ENTERED: December 24, 2008

JOANN M. WAHL, Clerk