MATTER OF HOLLY B. AND SPENCER B.
Motion No: CAF 13-01253
Slip Opinion No: 2013 NY Slip Op 82935(U)
Decided on August 19, 2013
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


August 19, 2013

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

APPELLATE DIVISION DOCKET NO. CAF 13-01253
DOCKET NO. NN-00353-12, NN-00354-12

MATTER OF HOLLY B. AND SPENCER B.



NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

AMANDA A., RESPONDENT,

AND SCOTT B., 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 June 25, 2013,

Now, upon reading and filing the affidavit of Scott T.B., sworn to July 25, 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, Niagara Falls, New York 14094-2740, 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: August 19, 2013

FRANCES E. CAFARELL, Clerk