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 application to perfect an appeal taken herein as a poor person, and assigning Bruce A. Rosekrans, Esq., as counsel to perfect the appeal, and an order having been entered on November 18, 2011, substituting Elizabeth A. Sammons, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of V. Bruce Chambers, Esq., dated November 21, 2011,

It is hereby ORDERED that Tyson Blue, Esq., 4064 County Line Road, Macedon, New York 14502, 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 Elizabeth A. Sammons, 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 Tyson Blue, Esq., 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, and

It is hereby ORDERED that the respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before January 27, 2012, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: November 23, 2011

PATRICIA L. MORGAN, Clerk