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

DOCKET NO. CA 10-01352

IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V SHANNON STEIN, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on May 25, 2010,

Now, upon reading and filing the affidavit of Shannon Stein sworn to June 1, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person and assignment of counsel is granted, and Mark C. Davison, Esq., P.O. Box 652, Canandaigua, New York 14424 is hereby assigned as counsel to conduct the appeal and may prosecute the appeal upon one record as defined by 22 NYCRR 1000.3 (c) (2) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Chautauqua is directed to provide Mark C. Davison, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the appeal taken herein is deemed to have been taken from an order of the same court entered June 23, 2010 (see CPLR 5520 [c]).

Entered: August 16, 2010

Patricia L. Morgan, Clerk