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

APPELLATE DIVISION DOCKET NO. CAF 08-01780
DOCKET NO. V00472-73-08

MATTER OF LAMONT HAYWOOD, SR., PETITIONER-APPELLANT, V MELISSA ANZALONE, RESPONDENT-RESPONDENT.

An order having been entered on September 8, 2008, granting petitioner-appellant's application to perfect an appeal taken herein as a poor person, and assigning Richard W. Youngman, Esq., as counsel to perfect the appeal, and an order having been entered on October 7, 2008, substituting Robert P. Turner, Esq., as counsel to perfect the appeal, but having failed to perfect said appeal on or before May 5, 2009, in accordance with an order of this Court entered March 23, 2009,

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 December 19, 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, Monroe County, entered in the office of the Clerk of said Court on July 15, 2008, in place and stead of Robert P. Turner, 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, Monroe 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: October 19, 2011

PATRICIA L. MORGAN, Clerk