MATTER OF CLEOPHUS B.
Motion No: CAF 10-02163
Slip Opinion No: 2011 NY Slip Op 60260(U)
Decided on January 4, 2011
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.


January 4, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 10-01890
DOCKET NO. NN-05759-09-10D, V-05867-09/10A

MATTER OF CLEOPHUS B.



ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

ERIKA B., RESPONDENT,

AND TORRENCE B., RESPONDENT-APPELLANT.


Respondent-appellant having applied for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on September 30, 2010, and for assignment of counsel,

Now, upon reading and filing the certification of Peter J. DiGiorgio, Jr., Esq., November 29, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Peter J. DiGiorgio, Jr., 2103 Genesee Street, Utica, New York 13501, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Oneida County, provide Peter J. DiGiorgio, Jr., 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, Oneida County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: January 4, 2011

PATRICIA L. MORGAN, Clerk