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

APPELLATE DIVISION DOCKET NO. CAF 10-00645
DOCKET NOS. V-05387-00/09O, V-05388-00/09P,
V-05388-00/09Q AND R, V-05389-00/09O
DOCKET NO. V-05388-00-09O

MATTER OF KIMBERLY MARVIN, PETITIONER-RESPONDENT, V JEFFREY L. KILMER, RESPONDENT-APPELLANT. MATTER OF JEFFREY L. KILMER, PETITIONER-APPELLANT, V KIMBERLY MARVIN, RESPONDENT-RESPONDENT.

An order having been entered on April 21, 2010, granting appellant's application to perfect an appeal taken herein as a poor person and assigning James S. Hinman, Esq., as counsel to perfect the appeal, but having failed to perfect said appeal on or before December 8, 2010, in accordance with an order of this Court entered October 12, 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 December 27, 2011, and in the event of failure to so perfect the appeal is dismissed without further order, and

It is further ORDERED that Rosemarie Richards, Esq., PO Box 326, Gilbertsville, New York 13776, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Steuben County, entered in the office of the Clerk of said Court on March 16, 2010, in place and stead of James S. Hinman, 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, Steuben County is hereby directed to provide Rosemarie Richards, 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 27, 2011

PATRICIA L. MORGAN, Clerk