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

APPELLATE DIVISION DOCKET NO. CAF 09-00640
DOCKET NO. V-10508-06/08A

MATTER OF MICHAEL T. PORTER, PETITIONER-RESPONDENT, V JULIE A. NESBITT, RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on February 27, 2009, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Julie Nesbitt, sworn to March 25, 2009, the notice of said motion with proof of service thereof, the statement of Paul D. Fuller, Esq., dated April 3, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Timothy P. Donaher, Esq., Monroe County Public Defender, 10 North Fitzhugh Street, Rochester, New York 14614, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Monroe County, is hereby directed to provide Timothy P. Donaher, 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: April 15, 2009

PATRICIA L. MORGAN, Deputy Clerk