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

APPELLATE DIVISION DOCKET NO. CAF 09-01672
DOCKET NOS. V-06765-04, V-06766-04, V-08064-04, V-08065-04

MATTER OF DEBORAH J. BARNES, PETITIONER-RESPONDENT, V JIMMIE L. EVANS, RESPONDENT-APPELLANT.

Petitioner-respondent having moved for permission to respond to the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on April 23, 2009, as a poor person, and for assignment of counsel,

Now, upon reading and filing the affidavit of Deborah Barnes, sworn to July 15, 2010, the notice of motion with proof of service thereof, the affirmation of Tanya Conley, Esq., dated July 28, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Kristin F. Splain, Esq., Monroe County Conflict Defender's Office, 80 West Main Street, Suite 300, Rochester, New York 14614, is hereby assigned as counsel for respondent herein and may submit ten copies of respondent's brief reproduced in accordance with CPLR 5529, and

It is further ORDERED that respondent shall submit ten copies of her brief to the Court, together with proof of service, on or before September 23, 2010, and the Clerk is directed to accept said briefs for filing.

Entered: August 9, 2010

PATRICIA L. MORGAN, Clerk