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

APPELLATE DIVISION DOCKET NO. CAF 09-00997
DOCKET NO. V-00622-08

MATTER OF JIMMY B. WOODALL, PETITIONER-APPELLANT, V EMELINDA R. ROXAS-WOODALL, RESPONDENT-RESPONDENT.

Respondent-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, Genesee County, entered in the Office of the Clerk of said Court on March 18, 2009,

Now, upon reading and filing the certification of Lisa M. Bruce, Esq., dated May11, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal from the corrected order entered March 18, 2009 is dismissed on the ground that the corrected order did not effect a substantive change, and the appeal thus properly lies from the order of Family Court entered February 19, 2009 (see Matter of Moody v Sorokina, 56 AD3d 1246), and

It is further ORDERED that the notice of appeal filed March 16, 2009, shall be treated as valid as to the order of Family Court entered February, 19, 2009 (see CPLR § 5520 [c]), and

It is further ORDERED that the application for permission to proceed as a poor person and the assignment of counsel is granted with regard to the appeal from the order entered February 19, 2009, and

It is further ORDERED that Charles J. Greenberg, Esq., P. O. Box 102 Buffalo, New York, 14207-0102, is hereby assigned as counsel for respondent-respondent herein and may submit ten copies of respondent's brief reproduced in accordance with CPLR 5529.

Entered: June 24, 2009

PATRICIA L. MORGAN, Clerk