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

APPELLATE DIVISION DOCKET NO. CAF 10-00525
DOCKET NOS. V-02598-09/09EF, V-02599-09/09EF

MATTER OF LISA L. LOMANTO, PETITIONER-RESPONDENT, V JEFFREY M. SCHNEIDER, RESPONDENT-APPELLANT.

An order having been entered on April 16, 2010, granting respondent-appellant's motion to perfect an appeal taken herein as a poor person and assigning Paul A. Norton, Esq., as counsel to perfect the appeal, but having failed to perfect said appeal on or before September 10, 2010, in accordance with an order of this Court entered July 20, 2010,

Now, upon the Court's own motion,

It is hereby ORDERED that the dismissal of the appeal herein be vacated, on condition that the appeal be perfected on or before October 11, 2011, and in the event of failure to so perfect the appeal is dismissed without further order, and

It is further ORDERED that Cara A. Waldman, Esq., PO Box 1701, Fairport, New York 14450, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Oneida County, entered in the office of the Clerk of said Court on January 26, 2010, in place and stead of Paul A. Norton, 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, Oneida County is hereby directed to provide Cara A. Waldman, 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.

Entered: August 12, 2011

PATRICIA L. MORGAN, Clerk