PRESENT: HURLBUTT, J. P., SMITH, CENTRA, CARNI, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00706
DOCKET NO. F-585-08

MATTER OF LILY GURULE, PETITIONER-RESPONDENT, V RONALD THOMPSON, RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on August 7, 2008, and for relief pursuant to CPLR § 5520 (c),

Now, upon reading and filing the affidavit of Ronald Thompson, sworn to March 9, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal filed September 2, 2008, shall be treated as valid as to the order of Family Court entered August 7, 2008 (see CPLR § 5520 [c]), and

It is further ORDERED that the motion insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized in a proceeding to establish child support (see Family Court Act §§262, 1120 [a]), and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the Family Court, Cattaraugus County, is hereby directed to provide respondent-appellant 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: May 12, 2009

PATRICIA L. MORGAN, Clerk