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

APPELLATE DIVISION DOCKET NO. CAF 10-01425
DOCKET NOS. NA-01606-09, NA-01607-09, NA-01608-09

MATTER OF BRIAN P., JR., DAVID H., III, AND DYLAN C. NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; APRIL C., RESPONDENT-APPELLANT, AND JOHN J., RESPONDENT.

Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on June 7, 2010, and for assignment of counsel,

Now, upon reading and filing the affidavit of April C., sworn to July 13, 2010, the notice of motion with proof of service thereof, the statement of John S. Sansone, Esq., dated July 29, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Patricia M. McGrath, Esq., 70 Lakeview Parkway, Lockport, New York 14094, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Niagara County, is hereby directed to provide Patricia M. McGrath, 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, Niagara County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: August 13, 2010

PATRICIA L. MORGAN, Clerk