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

DOCKET NO. CA 12-00240

JAMES WILLIAM SCHNITTER, PLAINTIFF-APPELLANT, V FE MARIANN CARROLL-SCHNITTER, DEFENDANT-RESPONDENT. (Index No. 2008/15188)

An order having been entered February 28, 2012, granting appellant's motion for permission to proceed as a poor person and assigning Timothy P. Donaher, Esq., Monroe County Public Defender, as counsel to perfect the appeal taken herein,

Now, upon reading and filing the statement of Drew R. DuBrin, Esq., Special Assistant Public Defender, dated March 5, 2012,

It is hereby ORDERED that Lorenzo Napolitano, Esq., 1 E. Main Street, Suite 711, Rochester, New York 14614, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 29, 2011, in place and stead of Timothy P. Donaher, Esq., Monroe County Public Defender; 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 County of Monroe is hereby directed to provide Lorenzo Napolitano, Esq. with copies of all papers and transcripts of stenographic of audiotaped of the minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.

Entered: March 8, 2012

Frances E. Cafarell, Clerk