MATTER OF DAWN FREY V WARREN MIMS
Motion No: CAF 11-01519
Slip Opinion No: 2012 NY Slip Op 68664(U)
Decided on March 26, 2012
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


March 26, 2012

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

APPELLATE DIVISION DOCKET NO. CAF 11-01519
DOCKET NO. V-19807-10A

MATTER OF DAWN FREY, PETITIONER-RESPONDENT,

V

WARREN MIMS, RESPONDENT-APPELLANT.


Petitioner-respondent having moved for permission to respond to the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on June 29, 2011, as a poor person, and for assignment of counsel,

Now, upon reading and filing the affidavit of Dawn Frey, sworn to February 12, 2012, the affirmation of Catharine M. Venzon, Esq., dated February 24, 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 David M. Abbatoy, Jr., Esq., 250 Mill Street, Suite 409, Rochester, New York 14614, is hereby assigned as counsel for petitioner-respondent herein and may submit ten copies of respondent's brief reproduced in accordance with CPLR 5529.

Entered: March 26, 2012

FRANCES E. CAFARELL, Clerk