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

APPELLATE DIVISION DOCKET NO. CAF 13-00347
DOCKET NO. V-01325-06-11C-E

MATTER OF JOSEPH CHENEY, PETITIONER-RESPONDENT, V PATRICIA CHENEY, 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 January 7, 2013,

Now, upon reading and filing the affidavits of Patricia M. Cheney, sworn to March 14, 2013, and March 18, 2013, the certification of Katherine J. Bestine, Esq., dated March 25, 2013, the notice of motion with proof of service thereof, and the affirmation of Deanne M. Tripi, Esq., dated April 1, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Timothy Lovallo, Esq., 295 Main Street, Suite 1088, Buffalo, New York 14203, 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 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: April 23, 2013

FRANCES E. CAFARELL, Clerk