MATTER OF TYLER W.
Motion No: CAF 09-01386
Slip Opinion No: 2009 NY Slip Op 81447(U)
Decided on August 13, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


August 13, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 09-01386
DOCKET NOS. NN-06518-07, V-14153-08, V-12773-08

MATTER OF TYLER W.



MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

PETITIONER-RESPONDENT;

MARTHA W., RESPONDENT-APPELLANT.


Respondent-appellant having applied 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 26, 2009, and for assignment of counsel,

Now, upon reading and filing the certification of Kevin M. Khuns, Esq., dated July 24, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Kristin F. Splain, Esq., Monroe County Conflict Defender's Office, 30 West Broad Street, Suite 306, 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 Kristin F. Splain, 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: August 13, 2009

PATRICIA L. MORGAN, Clerk