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

APPELLATE DIVISION DOCKET NO. CAF 09-00834
DOCKET NO. B-064-08

MATTER OF ROYSTAR T. WAYNE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; SAMARIAN B., 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, Wayne County, entered in the Office of the Clerk of said Court on February 11, 2009, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Samarian B., sworn to March 30, 2009, the notice of motion with proof of service thereof, the statement of Daniel C. Connors, Esq., dated April 22, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Bruce A. Rosekrans, Esq., P. O. Box 215, Palmyra, New York 14522, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Wayne County, is hereby directed to provide Bruce A. Rosekrans, 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, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Wayne County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: May 20, 2009

PATRICIA L. MORGAN, Clerk