MATTER OF JAMES M. FOX V ELAINE H. FOX
Motion No: CAF 09-02544
Slip Opinion No: 2010 NY Slip Op 61981(U)
Decided on January 12, 2010
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.


January 12, 2010

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

APPELLATE DIVISION DOCKET NO. CAF 09-02544
DOCKET NO. V002081-07-08G

MATTER OF JAMES M. FOX, PETITIONER-RESPONDENT,

V

ELAINE H. FOX, 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, Ontario County, entered in the Office of the Clerk of said Court on November 23, 2009, and for assignment of counsel,

Now, upon reading and filing the certification of Peter O. Einset, Esq., filed December 11, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Christine M. Cook, Esq., 333 East Onondaga Street, Suite 500, Syracuse, New York 13202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Ontario County, is hereby directed to provide Christine M. Cook, 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: January 12, 2010

PATRICIA L. MORGAN, Clerk