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

APPELLATE DIVISION DOCKET NO. CAF 09-00887
DOCKET NO. F-15238-08/08A

MATTER OF GENEVA L. BURRIS, PETITIONER-RESPONDENT, V ROBERT J.K. LOVING, 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, Erie County, entered in the Office of the Clerk of said Court on April 8, 2009, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Robert Loving, sworn to April 16, 2009, the certification of Michael Heron, Esq., dated April 20, 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 Mindy L. Marranca, Esq., 70 Niagara Street, Suite 103, Buffalo, New York 14202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide Mindy L. Marranca, 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: June 2, 2009

PATRICIA L. MORGAN, Clerk