MATTER OF KENNETH L. RASMUS V DEBORAH C. KUBALA
Motion No: CAF 10-02050
Slip Opinion No: 2010 NY Slip Op 89408(U)
Decided on November 23, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 23, 2010

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

APPELLATE DIVISION DOCKET NO. CAF 10-02050
DOCKET NO. F-16073-06-10E

MATTER OF KENNETH L. RASMUS, PETITIONER-APPELLANT,

V

DEBORAH C. KUBALA, RESPONDENT-RESPONDENT.


Petitioner-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on September 24, 2010,

Now, upon reading and filing the certification of Kathleen M. McDonald, Esq., filed October 7, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the application insofar as it seeks the assignment of counsel is denied, and

It is further ORDERED that the application insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide Kenneth Rasmus 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.

Entered: November 23, 2010

PATRICIA L. MORGAN, Clerk