MATTER OF IVOIRE LAVANN V JACOB BELL
Motion No: CAF 09-00890
Slip Opinion No: 2009 NY Slip Op 74059(U)
Decided on June 2, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


June 2, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 09-00890
DOCKET NO. O-14709-08

MATTER OF IVOIRE LAVANN, PETITIONER-RESPONDENT,

V

JACOB BELL, RESPONDENT-APPELLANT.


Petitioner-respondent having applied 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, Erie County, entered in the Office of the Clerk of said Court on March 5, 2009,

Now, upon reading and filing the certification of Ruth E. Baum, Esq., dated April 22, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Alan Birnholz, Esq., 39 Gatehouse Lane, East Amherst, New York 14051, is hereby assigned as counsel for petitioner-respondent herein and may submit ten copies of respondent's brief reproduced in accordance with CPLR 5529.

It is further ORDERED that the notice of appeal filed April 1, 2009, shall be treated as valid as to the order of Family Court entered March 5, 2009 (see CPLR § 5520 [c]).

Entered: June 2, 2009

PATRICIA L. MORGAN, Clerk