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

APPELLATE DIVISION DOCKET NO. CAF 11-01091
DOCKET NO. V-00981-07-10M

MATTER OF KENDALL L. DANNER, PETITIONER-APPELLANT, V CHAD NEPAGE, RESPONDENT-RESPONDENT. THEODORE W. STENUF, ESQ., ATTORNEY FOR THE CHILD, APPELLANT.

Respondent-respondent having moved to dismiss the appeal taken herein by the attorney for the child from an order of the Family Court, Oswego County, entered in the Office of the Clerk of said Court on March 24, 2011, or, in the alternative, for permission to respond to the appeal as a poor person and the assignment of counsel,

Now, upon reading and filing the affirmation of Shirley A. Gorman, Esq., dated May 16, 2012, the notice of motion with proof of service thereof, the affirmation of Theodore W. Stenuf, Esq., dated May 15, 2012, the affirmation of Linda M. Campbell, Esq., dated May 17, 2012, and the statement of Linda M. Campbell, Esq., dated May 21, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is denied, and

It is further ORDERED that the motion insofar as it seeks permission to respond to the appeal as a poor person and the assignment of counsel is granted, and

It is further ORDERED that Shirley A. Gorman, Esq., 19 Market Street, PO Box 629, Brockport, New York 14420, is hereby assigned as counsel for respondent-respondent herein and may submit ten copies of respondent's brief reproduced in accordance with CPLR 5529.

Entered: June 19, 2012

FRANCES E. CAFARELL, Clerk