MATTER OF TAMMY L. GAINES V JASON F. PERRY
Motion No: CAF 13-02184
Slip Opinion No: 2014 NY Slip Op 77068(U)
Decided on June 26, 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.


June 26, 2014

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

APPELLATE DIVISION DOCKET NO. CAF 13-02184
DOCKET NO. V-10393-10-12C

MATTER OF TAMMY L. GAINES, PETITIONER-APPELLANT,

V

JASON F. PERRY, RESPONDENT-RESPONDENT.


Petitioner-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 October 4, 2013,

Now, upon reading and filing the affidavit of Tammy Gaines, sworn to March 19, 2014, the affidavit of Stephen C. Kennedy, Esq., sworn to May 23, 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 Alan Birnholz, Esq., 39 Gatehouse Lane, East Amherst, New York 14051, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, provide Alan Birnholz, 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: June 26, 2014

FRANCES E. CAFARELL, Clerk