MATTER OF KELLY DIPAOLO V MATTHEW K. AVERY
Motion No: CAF 11-01012
Slip Opinion No: 2011 NY Slip Op 77161(U)
Decided on June 28, 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.


June 28, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 11-01012
DOCKET NO. V-05083-06-10M, V-05084-06/10M

MATTER OF KELLY DIPAOLO, PETITIONER-APPELLANT,

V

MATTHEW K. AVERY, RESPONDENT-RESPONDENT.


Petitioner-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 April 11, 2011, and for assignment of counsel,

Now, upon reading and filing the certification of Mark P. Malak, Esq., dated May 11, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Edward Kaminski, Esq., 185 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 Edward Kaminski, 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: June 28, 2011

PATRICIA L. MORGAN, Clerk