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

APPELLATE DIVISION DOCKET NO. CAF 09-00699
DOCKET NOS. B-7436-07, B-1279/80-07

MATTER OF WHYTNEI B., JADA B., AND JEFFREY B. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; JEFFREY B., RESPONDENT-APPELLANT.

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 March 10, 2009, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Jeffrey B., sworn to June 15, 2009, the notice of motion with proof of service thereof, 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, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Monroe County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: July 13, 2009

PATRICIA L. MORGAN, Clerk