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

APPELLATE DIVISION DOCKET NO. CAF 12-00335
DOCKET NO. V-13008-09

MATTER OF BRADLEY OLUFSEN, PETITIONER-RESPONDENT, V TRICIA PLUMMER, 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 December 21, 2011,

Now, upon reading and filing the affidavit of Tricia Plummer, sworn to February 8, 2012, the notice of motion with proof of service thereof, the affirmation of Roger T. Davison, Esq., dated March 6, 2012, the affirmation of Charles D. Halvorsen, Esq., dated March 8, 2012, and the affidavit of Frank S. Ieraci, Esq., sworn to March 13, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal filed January 9, 2012, shall be treated as valid as to the order of Family Court entered January 24, 2012, and

It is further ORDERED that the motion is granted, and

It is further ORDERED that Deborah J. Scinta, Esq., 3394 Orchard Park Road, Orchard Park, New York 14127, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, provide Deborah J. Scinta, 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

Entered: April 4, 2012

FRANCES E. CAFARELL, Clerk