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

APPELLATE DIVISION DOCKET NO. CAF 09-01191
DOCKET NOS. NN-04916-08, NN-04917-08, NN-04918-08

MATTER OF DONATAE J., SELENA F., AND TATYANNA F. ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; SHAWNA F., RESPONDENT, AND XAVIER P., 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, Oneida County, entered in the Office of the Clerk of said Court on May 11, 2009, and for assignment of counsel,

Now, upon reading and filing the affidavit of Xavier P., sworn to July 21, 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 John T. Nasci, Esq., 105 West Court Street, P. O. Box 115, Rome, New York 13442, is hereby assigned as counsel to conduct the appeal, and

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

Entered: August 31, 2009

PATRICIA L. MORGAN, Clerk