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

APPELLATE DIVISION DOCKET NO. CAF 08-02534
DOCKET NOS. V-12211-05/08F, V-12212-05/08F
APPELLATE DIVISION DOCKET NO. CAF 08-02535
DOCKET NOS. V-11286-08/08A, V-11287-08/08A

MATTER OF ROBERT L. MARTIN, PETITIONER-APPELLANT, V JENNIFER R. MALVASIO, RESPONDENT-RESPONDENT. MATTER OF JENNIFER R. MALVASIO, PETITIONER-RESPONDENT, V ROBERT L. MARTIN, RESPONDENT-APPELLANT.

Appellant having applied for permission to proceed as a poor person on the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on November 17, 2008 and November 24, 2008, and for assignment of counsel, and for other relief,

Now, upon reading and filing the certification of Thomas J. Grillo, Jr., Esq., dated November 26, 2008, and due deliberation having been had thereon,

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 appeals, 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 appeals are based.

Entered: January 7, 2009

JOANN M. WAHL, Clerk