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

APPELLATE DIVISION DOCKET NO. CAF 10-01520
DOCKET NO. N-2820-2821-09

MATTER OF ANGEL L.H. CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; MELISSA H., RESPONDENT-APPELLANT, AND MATTHEW H., 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, Chautauqua County, entered in the Office of the Clerk of said Court on June 18, 2010, and for assignment of counsel,

Now, upon reading and filing the affidavit of Melissa J.H., sworn to September 23, 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 Alan Birnholz, Esq., 39 Gatehouse Lane, East Amherst, New York 14051, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Chautauqua County, provide Alan Birnholz, 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, Chautauqua County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: November 16, 2010

PATRICIA L. MORGAN, Clerk