| MATTER OF ELIZABETH A. ZOSH V THOMAS SMITH |
| Motion No: CAF 09-02495 |
| Slip Opinion No: 2009 NY Slip Op 93085(U) |
| Decided on December 31, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-02495
DOCKET NO. F-05349-03-07B
| MATTER OF ELIZABETH A. ZOSH, PETITIONER-RESPONDENT, V THOMAS
SMITH, 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 November 18, 2009, and for assignment of counsel,
Now, upon reading and filing the certification of Jessica L. Vesper, Esq., dated December 3, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the application is granted, and
It is further ORDERED that Cheryl Hitzel, Esq., P.O. Box 142, Spring Brook, New York 14140, 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 Cheryl Hitzel, 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.
Entered: December 31, 2009
PATRICIA L. MORGAN, Clerk