MATTER OF ALAN V. NERBER V LEIGH M. BUELL
Motion No: CAF 11-02138
Slip Opinion No: 2011 NY Slip Op 90614(U)
Decided on November 22, 2011
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 22, 2011

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

APPELLATE DIVISION DOCKET NO. CAF 11-02138
DOCKET NO. V-001187-05-09I

MATTER OF ALAN V. NERBER, PETITIONER-RESPONDENT,

V

LEIGH M. BUELL, RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on September 2, 2011, and for assignment of counsel,

Now, upon reading and filing the affidavits of Leigh M. Buell, sworn to September 27, 2011, and November 2, 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 David J. Farrugia, Esq., Niagara County Public Defender, 175 Hawley Street, Lockport, New York 14094, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Niagara County, provide David J. Farrugia, 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: November 22, 2011

PATRICIA L. MORGAN, Clerk