MATTER OF CHEREE N. CREEK V JACOB M. DIETZ
Motion No: CAF 14-00267
Slip Opinion No: 2014 NY Slip Op 65840(U)
Decided on March 5, 2014
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.


March 5, 2014

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

APPELLATE DIVISION DOCKET NO. CAF 14-00267
DOCKET NO. V-15748-09-12C

MATTER OF CHEREE N. CREEK, PETITIONER-RESPONDENT,

V

JACOB M. DIETZ, 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, Erie County, entered in the Office of the Clerk of said Court on December 30, 2013,

Now, upon reading and filing the affidavit of Jacob Dietz, sworn to January 21, 2014, 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 Denis A. Kitchen, Jr., Esq., 8899 Main Street, Williamsville, New York 14221, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, provide Denis A. Kitchen, Jr., 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: March 5, 2014

FRANCES E. CAFARELL, Clerk