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

APPELLATE DIVISION DOCKET NO. CAF 09-00875
DOCKET NOS. B-4327,8-06

MATTER OF KYLE K. AND KARA K. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER—RESPONDENT; HARRY K., 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, Erie County, entered in the Office of the Clerk of said Court on March 20, 2009, and for assignment of counsel, and for other relief,

Now, upon reading and filing the certification of Denis A. Kitchen, Jr., Esq., dated July 9, 2009, the affirmation of Charles D. Halvorsen, Esq., dated July 16, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Alan Birnholz, Esq., 39 Gatehouse Lane, East Amherst, New York 14051, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide Alan Birnholz, 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, Erie County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: August 19, 2009

PATRICIA L. MORGAN, Clerk