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

APPELLATE DIVISION DOCKET NO. CAF 09-00238
DOCKET NO. V-07172-06/08b

MATTER OF JAMES R. DART, PETITIONER-RESPONDENT, V MARION G. WOOLMAN, RESPONDENT-APPELLANT.

An order having been entered on February 4, 2009, granting respondent-appellant's application to perfect an appeal taken herein as a poor person and assigning Gerald T. Barth, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Gerald T. Barth, Esq., dated

April 13, 2009,

It is hereby ORDERED that Kelly M. Corbett, Esq., P. O. Box 406, Fayetteville, New York 13066 is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Onondaga County entered in the office of the Clerk of said Court on December 19, 2008, in place and stead of Gerald T. Barth, 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, Onondaga is hereby directed to provide Kelly M. Corbett, 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 June 15, 2009

Entered: April 15, 2009

PATRICIA L. MORGAN, Deputy Clerk