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

An order having been entered on December 31, 2009 granting respondent-appellant's motion to perfect an appeal taken herein as a poor person and assigning Cheryl Hitzel, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of Cheryl L. Hitzel, Esq., dated March 31, 2010,

It is hereby ORDERED that Timothy LoVallo, Esq., 295 Main Street, Suite 1088, Buffalo, New York 14203, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Erie County entered in the office of the Clerk of said Court on November 18, 2009, in place and stead of Cheryl Hitzel, 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, Erie County is hereby directed to provide Timothy LoVallo, 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.

Entered: April 27, 2010

PATRICIA L. MORGAN, Clerk