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

APPELLATE DIVISION DOCKET NO. CAF 12-00237
DOCKET NO. V-14381-05-10I/10J/10K

MATTER OF ANGEL SPEARMAN, PETITIONER-APPELLANT, V TISHARA PORTER, RESPONDENT-RESPONDENT.

An order having been entered on February 14, 2012, granting petitioner-respondent's application to perfect an appeal taken herein as a poor person and assigning Timothy P. Donaher, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of Kimberly F. Duguay, Esq., dated February 6, 2013,

It is hereby ORDERED that Charles T. Noce, Esq., Monroe County Conflict Defender, 80 West Main Street, Suite 300, Rochester, New York 14614, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Monroe County, entered in the office of the Clerk of said Court on January 17, 2012, in place and stead of Timothy P. Donaher, Esq.; 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 Family Court, Monroe County is hereby directed to provide Charles T. Noce, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that the respondent-appellant shall file the original stipulated or settled records and ten briefs on the appeals, together with proof of service, on or before April 15, 2013, and in the event of failure to so perfect the appeals are hereby dismissed without further order.

Entered: February 13, 2013

FRANCES E. CAFARELL, Clerk