PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, SCONIERS, AND WHALEN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 13-01321
DOCKET NO. O-04729-11
APPELLATE DIVISION DOCKET NO. CAF 13-01322
DOCKET NO. F-03843-12-12A

MATTER OF LISA A. BRETSCHER, PETITIONER-RESPONDENT, V DARREN A. BRETSCHER, RESPONDENT-APPELLANT. MATTER OF DARREN A. BRETSCHER, PETITIONER-APPELLANT, V LISA A. BRETSCHER, RESPONDENT-RESPONDENT.

Petitioner-respondent having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on March 27, 2013 (CAF 13-01321), and June 13, 2013 (CAF 13-01322),

Now, upon reading and filing the certification of Carmen J. Valvo, Esq., dated December 19, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted with regard to the appeal taken under Appellate Division Docket No. CAF 13-01321, and

It is further ORDERED that Peter J. DiGiorgio, Jr., Esq., 2103 Genesee Street, Utica, New York 13501, is hereby assigned as counsel for respondent herein and may submit ten copies of respondent's brief reproduced in accordance with CPLR 5529, and

It is further ORDERED that, with regard to the appeal taken under Appellate Division Docket No. CAF 13-01322, the application insofar as it seeks the assignment of counsel is denied (see Family Court Act §§ 262, 1120 [a]), and the application insofar as it seeks permission to respond to the appeal as a poor person is denied on the ground that petitioner would receive no effective relief from such an order.

Entered: February 10, 2014

FRANCES E. CAFARELL, Clerk