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

APPELLATE DIVISION DOCKET NO. CAF 06-01035
DOCKET NOS. V-681/682-02/05 K & L, V-681-682/02/05J

MATTER OF GUADALUPE MATTHEWS, PETITIONER-RESPONDENT, V EDWARD MATTHEWS, RESPONDENT-APPELLANT.

Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Onondaga County, entered in the office of the Clerk of said Court on March 22, 2006, and for permission to proceed as a poor person for assignment of counsel,

Now, upon reading and filing the affidavits of Edward Matthews, sworn to December 16, 2008, and December 17, 2008, the affirmation of Linda M. Campbell, Esq., dated December 20, 2008, the notice of motion with proof of service thereof, the affirmation of Robert P. Rickert, Esq., dated December 24, 2008, the statement of Thomas D. Marris, Esq., dated December 29, 2008, the affirmation of Linda M. Campbell, Esq., dated December 29, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is in all respects granted, and

It is further ORDERED that Linda M. Campbell, Esq., 333 East Onondaga Street, Syracuse, New York 13202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Onondaga County, is hereby directed to provide Linda M. Campbell, 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: January 29, 2009

JOANN M. WAHL, Clerk