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

DOCKET NO. CA 08-02583
INDEX NO. CA2008-000250

IN THE MATTER OF THE ADOPTION OF A CHILD WHOSE FIRST NAME IS TRENT. KRYSTAL M. AND RONALD M., PETITIONERS-RESPONDENTS, V ROBERT E. S., RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said Court on November 18, 2008, for assignment of counsel, for a stay of the adoption of Trent pending termination of this appeal, and to expedite oral argument of the appeal,

Now, upon reading and filing the affidavit of Leigh E. Anderson, Esq., sworn to December 16, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted and Alan Birnholtz, Esq., 39 Gatehouse Lane, E. Amherst, New York 14051, is hereby assigned as counsel for appellant, further proceedings on the adoption are hereby stayed pending determination of this appeal, and the motion is otherwise dismissed as premature; and

It is further ORDERED that the Clerk of the Erie County Surrogate's Court is directed to provide Alan Birnholtz, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings 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 September 9, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: April 2, 2009

Patricia L. Morgan, Deputy Clerk