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.

An order having been entered on August 13, 2009, granting respondent-appellant's motion to perfect an appeal taken herein as a poor person and assigning Kristin F. Splain, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Kristin F. Splain, Esq., dated

August 14, 2009,

It is hereby ORDERED that Paloma A. Capanna, Esq., 2060 Fairport Nine Mile Point Road, Suite 400, Penfield, New York 14526, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Monroe County entered in the office of the Clerk of said Court on May 26, 2009, in place and stead of Kristin F. Splain, Esq., and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the Family Court, Monroe County, is hereby directed to provide Paloma A. Capanna, Esq. with copies of all papers and transcripts of stenographic 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 31, 2009

PATRICIA L. MORGAN, Clerk