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.

An order having been entered on February 4, 2014, granting respondent-appellant's motion to perfect an appeal taken herein as a poor person and assigning Timothy P. Donaher, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of Drew R. DuBrin, Esq., dated February 5, 2014,

It is hereby ORDERED that Charles T. Noce, Esq., Monroe County Conflict Defender, 80 West Main Street, Suite 300, Rochester, New York 14614, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Supreme, Monroe County, entered in the office of the Clerk of said Court on December 20, 2013, in place and stead of Timothy P. Donaher, Esq.; and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of the Supreme Court, Monroe County is hereby directed to provide Charles T. Noce, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.

Entered: February 10, 2014

FRANCES E. CAFARELL, Clerk