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

APPELLATE DIVISION DOCKET NO. CAF 09-01219
DOCKET NO. F-02675-02/08D

MATTER OF CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF JAMES C. WEISS, PETITIONER-RESPONDENT, V MARGARET O. STARK, RESPONDENT-APPELLANT.

Respondent-appellant 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, Cattaraugus County, entered in the Office of the Clerk of said Court on January 29, 2009,

Now, upon reading and filing the certification of Jessica L. Anderson, Esq., dated April 30, 2009, the statement of Jessica L. Anderson, Esq., dated May 15, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Andrew J. Cornell, Esq., P. O. Box 1307, Wellsville, New York 14895, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Cattaraugus County, is hereby directed to provide Andrew J. Cornell, 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, and

It is further ORDERED that the notice of appeal filed February 17, 2009, shall be treated as valid as to the order of Family Court entered January 29, 2009.

Entered: July 7, 2009

PATRICIA L. MORGAN, Clerk