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

APPELLATE DIVISION DOCKET NO. CAF 13-00625
DOCKET NO. V-01487-07-12D, V-02315-09/12C

MATTER OF JUSTIN DANIEL CUSIMANO, PETITIONER-APPELLANT, V SHELLEY HARMON, 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, Chautauqua County, entered in the Office of the Clerk of said Court on January 14, 2013,

Now, upon reading and filing the affidavit of Justin Cusimano, sworn to February 6, 2013, the notice of motion with proof of service thereof, and the affidavit of Kristen M. Wright, Esq., sworn to February 26, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that John A. Cirando, Esq., 101 South Salina Street, Suite 1010, Syracuse, New York 13202-1350, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Chautauqua County, provide John A. Cirando, 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: June 5, 2013

FRANCES E. CAFARELL, Clerk