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

APPELLATE DIVISION DOCKET NO. CAF 10-02049
DOCKET NO. B-13529-09, B-13530-09

MATTER OF JUSTAIN R. AND SHANE R. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; JUAN F., RESPONDENT-APPELLANT. —————————————————&mdas h;—————————————————————— —— TANYA CONLEY, ESQ., ATTORNEY FOR THE CHILDREN, APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on September 28, 2010, and for assignment of counsel,

Now, upon reading and filing the affidavit of Juan F., sworn to October 15, 2010, the notice of motion with proof of service thereof, the statement of Brett C. Glanville, Esq., dated October 22, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Kristin F. Splain, Esq., Monroe County Conflict Defender, 80 West Main Street, Suite 300, Rochester, New York 14614, is hereby assigned as counsel to conduct the appeal, and

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

Entered: December 15, 2010

PATRICIA L. MORGAN, Clerk