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

APPELLATE DIVISION DOCKET NO. CAF 11-00442
DOCKET NO. B-04511-10

MATTER OF NOAH V.P. ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; GINO P., SR., RESPONDENT-APPELLANT.

An order having been entered on April 1, 2011, granting respondent-appellant's application to perfect an appeal taken herein as a poor person, and assigning Paul A. Norton, Esq., as counsel to perfect the appeal, but having failed to perfect said appeal on or before September 9, 2011, in accordance with an order of this Court entered July 11, 2011,

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 February 6, 2012, and in the event of failure to so perfect the appeal is dismissed without further order, and

It is further ORDERED that John J. Raspante, Esq., 508 Seneca Street, Utica, New York 13502, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Oneida County, entered in the office of the Clerk of said Court on January 5, 2011, in place and stead of Paul A. Norton, 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, Oneida County, is hereby directed to provide John J. Raspante, 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: December 6, 2011

PATRICIA L. MORGAN, Clerk