MATTER OF JOSEPH DINGELDEY V ARLENE B. DINGELDEY
Motion No: CAF 11-00218
Slip Opinion No: 2011 NY Slip Op 65595(U)
Decided on February 24, 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.


February 24, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 11-00218
DOCKET NO. V-12526-09-09A

MATTER OF JOSEPH DINGELDEY, PETITIONER-APPELLANT,

V

ARLENE B. DINGELDEY, 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, Erie County, entered in the Office of the Clerk of said Court on December 14, 2010, and for assignment of counsel,

Now, upon reading and filing the affidavit of Joseph Dingeldey, sworn to January 5, 2011, 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, Erie 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.

Entered: February 24, 2011

PATRICIA L. MORGAN, Clerk