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

APPELLATE DIVISION DOCKET NO. CAF 10-00302
DOCKET NO. V-04582-09-09F

MATTER OF DONALD H. CLAFLIN, PETITIONER-RESPONDENT, V ELENA C. GIAMPORCARO, 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 December 17, 2009, and for assignment of counsel,

Now, upon reading and filing the affidavit of Elena C. Giamporcaro, sworn to January 20, 2010, the notice of motion with proof of service thereof, the affidavit of Donald H. Claflin, sworn to January 25, 2010, the statement of Raymond Bara, Esq., dated January 25, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Peter J. DiGiorgio, Jr., Esq., 2103 Genesee Street, Utica, New York 13501, 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 Peter J. DiGiorgio, Jr., 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: May 6, 2010

PATRICIA L. MORGAN, Clerk