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

APPELLATE DIVISION DOCKET NO. CAF 12-01770
DOCKET NOS. V-14061-03/11D, V-14061-03/11E

MATTER OF DAWN BENZIN, PETITIONER-APPELLANT, V TIMOTHY KUTY, SR., RESPONDENT-RESPONDENT.

Petitioner-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 July 31, 2012,

Now, upon reading and filing the certification of David W. Wilson, Esq., dated September 13, 2012, the affidavit of Dawn Benzin, sworn to September 14, 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 Timothy R. Lovallo, Esq., 295 Main Street, Suite 1088, Buffalo, New York 14203-2478, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, provide Timothy R. Lovallo, 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.

Entered: October 24, 2012

FRANCES E. CAFARELL, Clerk