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

APPELLATE DIVISION DOCKET NO. CAF 10-02391
DOCKET NO. F-04160-04-10D

MATTER OF ONONDAGA COUNTY, COMMISSIONER OF SOCIAL SERVICES, ASSIGNEE ON BEHALF OF LARHONDA S. CAVER, PETITIONER-RESPONDENT, V MICHAEL A. COMER, RESPONDENT-APPELLANT.

An order having been entered on December 27, 2010 granting respondent-appellant's application to perfect an appeal taken herein as a poor person and assigning Susan R. Horn, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of Piotr Banasiak, Esq., dated March 21, 2011,

It is hereby ORDERED that Kelly M. Corbett, Esq., PO Box 406, Fayetteville, New York 13066, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Onondaga County, entered in the office of the Clerk of said Court on October 28, 2010, in place and stead of Susan R. Horn, Esq.; and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of the Family Court, Onondaga County is hereby directed to provide Kelly M. Corbett, Esq. with copies of all papers and transcripts of stenographic 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 respondent-appellant file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before May 31, 2011, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: April 1, 2011

PATRICIA L. MORGAN, Clerk