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

APPELLATE DIVISION DOCKET NO. CAF 11-02363
DOCKET NO. B-19586-87-09

MATTER OF KQUAMERE R. AND SYRIA W. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; LATASHA B., RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel 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 April 13, 2011,

Now, upon reading and filing the statement of Denis A. Kitchen, dated January 17, 2012, the affidavit of Latasha B., sworn to January 17, 2012, and the affidavit of Denis A. Kitchen, Esq., sworn to February 2, 2012, 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 Alan Birnholz, Esq., 39 Gatehouse Lane, East Amherst, New York 14051, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, provide Alan Birnholz, 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, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Erie County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: March 8, 2012

FRANCES E. CAFARELL, Clerk