PRESENT: SMITH, J. P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-01176
DOCKET NO. O-1266-08

MATTER OF KAREN GOOSSEN, PETITIONER-APPELLANT, V JOHN GOOSSEN, RESPONDENT-RESPONDENT.

Petitioner-appellant having moved 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, Monroe County, entered in the Office of the Clerk of said Court on December 19, 2008, and for relief pursuant to CPLR § 5520 (c),

Now, upon reading and filing the affirmation of Drew R. DuBrin, Esq., dated June 4, 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 in all respects 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.

It is further ORDERED that the notice of appeal filed January 14, 2009 shall be treated as valid as to the order of Family Court entered December 19, 2008, that dismissed petitioner-appellant's petition seeking a finding of a violation of an order of protection dated April 22, 2008 (see CPLR § 5520 [c]).

Entered: July 15, 2009

PATRICIA L. MORGAN, Clerk