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

APPELLATE DIVISION DOCKET NO. CAF 11-01515
DOCKET NO. NN-12864-10-10A, NN-12867-10/10A

MATTER OF MAURICE R., PETITIONER-APPELLANT, V ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, 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 June 8, 2011, and for assignment of counsel,

Now, upon reading and filing the affidavit of Maurice R., sworn to August 29, 2011, the affidavit of Denis A. Kitchen, Esq, sworn to September 1, 2011, and 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: October 11, 2011

PATRICIA L. MORGAN, Clerk