MATTER OF MALASHIA B.
Motion No: CAF 09-00573
Slip Opinion No: 2009 NY Slip Op 75434(U)
Decided on June 15, 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 15, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 09-00573
DOCKET NO. B-50-07

MATTER OF MALASHIA B.



ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

CONSTANCE B., RESPONDENT-APPELLANT, AND

MALCOM B., RESPONDENT.


An order having been entered on April 9, 2009, granting respondent-appellant's motion to perfect an appeal taken herein as a poor person and assigning Gerald T. Barth, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Gerald T. Barth, Esq., dated

April 13, 2009,

It is hereby ORDERED that John A. Cirando, Esq., 101 South Salina Street, Suite 101, Syracuse, New York 13202 is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Onondaga County entered in the office of the Clerk of said Court on February 27, 2009, in place and stead of Gerald T. Barth, Esq., and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the Family Court, Onondaga County, is hereby directed to provide John A. Cirando, Esq. with copies of all papers and transcripts of stenographic 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, Onondaga County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: June 15, 2009

PATRICIA L. MORGAN, Clerk