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

APPELLATE DIVISION DOCKET NO. CAF 11-02335
DOCKET NO. O-13849-11

MATTER OF JOHNNY TORRES, PETITIONER-APPELLANT, V JAMIE NESTARK, RESPONDENT-RESPONDENT.

Petitioner-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on October 24, 2011, and for assignment of counsel,

Now, upon reading and filing the affidavit of Johnny Torres, sworn to October 24, 2011, the statement of Denis A. Kitchen, Esq., dated November 17, 2011, the notice of motion with proof of service thereof, and the affirmation of Charles D. Halvorsen, Esq., dated November 21, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Jennifer M. Lorenz, Esq., 75 Elm Place, Lancaster, New York 14086-2202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, provide Jennifer M. Lorenz, 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: January 11, 2012

FRANCES E. CAFARELL, Clerk