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

APPELLATE DIVISION DOCKET NO. CAF 14-00089
DOCKET NO. O-00243-12; INDEX NO. 2012-10347

MATTER OF MARY I. WHITNEY, PETITIONER-RESPONDENT, V FRANK JUDGE, 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 Supreme Court, Monroe County, entered in the Office of the Clerk of said Court on December 20, 2013,

Now, upon reading and filing the affidavit of Frank Judge, sworn to January 6, 2014, the certification of Matthew J. Rich, Esq., dated January 6, 2014, the notice of motion with proof of service thereof, and the statement of Alecia J. Mazzo, Esq., dated January 21, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Timothy P. Donaher, Esq., Monroe County Public Defender, 10 North Fitzhugh Street, Rochester, New York 14614, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Supreme Court, Monroe County, provide Timothy P. Donaher, 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: February 4, 2014

FRANCES E. CAFARELL, Clerk