PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND VALENTINO, JJ.

APPELLATE DIVISION DOCKET NO. CAF 12-02266
DOCKET NO. NN-03076-10

MATTER OF JOSEPH E.K. NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; LITHIA K., 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, Niagara County, entered in the Office of the Clerk of said Court on October 26, 2012,

Now, upon reading and filing the affidavit of Lithia M.K., sworn to February 5, 2013, 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 J. Farrugia, Esq., Niagara County Public Defender, 175 Hawley Street, Lockport, New York 14094 is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Niagara County, provide David J. Farrugia, 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

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Niagara County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: April 2, 2013

FRANCES E. CAFARELL, Clerk