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

APPELLATE DIVISION DOCKET NO. CAF 10-00927
DOCKET NO. O-00161-10

MATTER OF LORI J. CHASE-TRIOU, PETITIONER-RESPONDENT, V JAMES M. TRIOU, JR., RESPONDENT-APPELLANT.

An order having been entered on May 26, 2010, granting respondent-appellant's motion to perfect an appeal taken herein as a poor person, and assigning Bruce A. Rosekrans, Esq., as counsel to perfect the appeal, but having failed to perfect said appeal on or before January 3, 2011, in accordance with an order of this Court entered November 29, 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 January 17, 2012, and in the event of failure to so perfect the appeal is dismissed without further order, and

It is further ORDERED that Elizabeth A. Sammons, Esq., 6216 Lake Avenue, PO Box 20, Williamson, New York 14589, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Wayne County, entered in the office of the Clerk of said Court on March 19, 2010, in place and stead of Bruce A. Rosekrans, 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, Wayne County, is hereby directed to provide Elizabeth A. Sammons, 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: November 18, 2011

PATRICIA L. MORGAN, Clerk