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

APPELLATE DIVISION DOCKET NO. CAF 13-00616
DOCKET NO. V-00916-12-12A, V-00916-12/12B
DOCKET NO. V-00916-12-12C

MATTER OF MARK B. MILLER, PETITIONER-APPELLANT, V CHIVON PEDERSON, RESPONDENT-RESPONDENT. MATTER OF MARK B. MILLER, PETITIONER-APPELLANT, AND SUSAN MILLER, PETITIONER, V CHIVON PEDERSON, RESPONDENT-RESPONDENT.

Petitioner-appellant Mark B. Miller and petitioner Susan Miller having moved for permission to proceed as poor persons and for assignment of counsel on the appeal taken herein by Mark B. Miller from an order of the Family Court, Herkimer County, entered in the Office of the Clerk of said Court on January 8, 2013,

Now, upon reading and filing the affidavit of Mark B. Miller and Susan Miller, sworn to June 5, 2013, and June 11, 2013, respectively, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person and assignment of counsel for Susan Miller is denied with leave to renew upon submission of a new motion that includes a copy of a notice of appeal filed by or on behalf of Susan Miller, together with proof of service of the notice of appeal, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and assignment of counsel for Mark B. Miller is granted, and

It is further ORDERED that Abbie Goldbas, Esq., 285 Genesee Street, Utica, New York 13501, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Herkimer County, provide Abbie Goldbas, 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: July 10, 2013

FRANCES E. CAFARELL, Clerk