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

APPELLATE DIVISION DOCKET NO. CAF 09-01266
DOCKET NO. V-07504-03/07P,Q
DOCKET NO. V-07504-03/07R

MATTER OF DARLA WILCE, PETITIONER-RESPONDENT, V STEPHEN SCALISE, RESPONDENT-APPELLANT. MATTER OF STEPHEN SCALISE, PETITIONER-APPELLANT, V DARLA WILCE, RESPONDENT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on May 6, 2009, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Stephen Scalise, sworn to June 9, 2009, the notice of said motion with proof of service thereof, the statement of Paul D. Fuller, Esq., dated June 19, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Timothy P. Donaher, Esq., Monroe County Public Defender, 10 North Fitzhugh Street, Rochester, New York 14614, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Monroe County, is hereby directed to provide Timothy P. Donaher, 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 29, 2009

PATRICIA L. MORGAN, Clerk