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

APPELLATE DIVISION DOCKET NO. CAF 10-00765
DOCKET NO. B-1223-09

MATTER OF TUMARIO B., JR. ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; VALERIE L., 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, Onondaga County, entered in the Office of the Clerk of said Court on March 30, 2010, and for assignment of counsel,

Now, upon reading and filing the affidavit of Valerie L., sworn to April 8, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Gerald T. Barth, Esq., Frank H. Hiscock Legal Aid Society, 351 South Warren Street, 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, Onondaga County, is hereby directed to provide Gerald T. Barth, 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, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Onondaga County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: June 8, 2010

PATRICIA L. MORGAN, Clerk