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

APPELLATE DIVISION DOCKET NO. CAF 09-00621
DOCKET NO. V-01308-06/08 I

MATTER OF ANDREA M. SMITH, PETITIONER-APPELLANT, V JACK B. NATALI, SR., RESPONDENT-RESPONDENT.

Petitioner-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Jefferson County, entered in the Office of the Clerk of said Court on March 18, 2009, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Andrea M. Smith, sworn to March 23, 2009, the affidavit of John W. Hallett, Esq., sworn to March 23, 2009, the notice of said motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Paloma A. Capanna, Esq., 2060 Fairport Nine Mile Point Road, Suite 400, Penfield, New York 14526, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Jefferson County, is hereby directed to provide Paloma A. Capanna, 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 17, 2009

PATRICIA L. MORGAN, Deputy Clerk