PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

APPELLATE DIVISION DOCKET NO. CAF 11-00088
DOCKET NO. F-00386-06-10A

MATTER OF CARL A. GUTZMER, PETITIONER-APPELLANT, V MYRIAM L. SANTINI, RESPONDENT-RESPONDENT.

Petitioner-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Genesee County, entered in the Office of the Clerk of said Court on December 9, 2010, and for assignment of counsel,

Now, upon reading and filing the affidavit of Carl Gutzmer, sworn to January 10, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized for a party in a support modification proceeding (Family Court Act §§ 262, 1120 [a]), and

It is further ORDERED that the motion 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, Genesee County, provide Carl A. Gutzmer, 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 notice of appeal filed January 10, 2011, shall be treated as valid as to the order of Family Court entered December 9, 2010.

Entered: January 26, 2011

PATRICIA L. MORGAN, Clerk