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

APPELLATE DIVISION DOCKET NO. CAF 11-01353
DOCKET NO. V-01241-44-07/11A, B & C

MATTER OF JEAN MUKURALINDA, PETITIONER-APPELLANT, V JOLIE KINGOMBE, RESPONDENT-RESPONDENT.

An order having been entered on September 20, 2011, granting petitioner-appellant's application to perfect an appeal taken herein as a poor person and assigning Kristin F. Splain, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of Kimberly J. Czapranski, Esq., dated January 17, 2012,

It is hereby ORDERED that David M. Abbatoy, Jr., Esq., 250 Mill Street, Suite 409, Rochester, New York 14614, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Monroe County, entered in the office of the Clerk of said Court on May 31, 2011, in place and stead of Kristin F. Splain, 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, Monroe County is hereby directed to provide David M. Abbatoy, Jr., 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 further ORDERED that respondent-appellant file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before March 19, 2012, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: January 19, 2012

FRANCES E. CAFARELL, Clerk