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

APPELLATE DIVISION DOCKET NO. CAF 10-00863
DOCKET NO. B-10650-09

MATTER OF HAROLD L.S. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; HAROLD S., RESPONDENT-APPELLANT.

An order having been entered on June 8, 2010, granting respondent-appellant's motion to perfect an appeal taken herein as a poor person, and assigning Timothy P. Donaher, Esq., as counsel to perfect the appeal, and an order having been entered on August 11, 2010, substituting Kristin F. Splain, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of Kristin F. Splain, Esq., dated August 31, 2010,

It is hereby ORDERED that Paloma A. Capanna, Esq., 2060 Fairport Nine Mile Point Road, Suite 400, Penfield, New York 14526, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Monroe County entered in the office of the Clerk of said Court on March 22, 2010, in place and stead of Kristin F. Splain, Esq.; and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of the Family Court, Monroe County, provide Paloma A. Capanna, Esq. with copies of all papers and transcripts of stenographic 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 respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before November 15, 2010, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: September 15, 2010

PATRICIA L. MORGAN, Clerk