| MATTER OF GERALD SMITH V TONYA STEWART |
| Motion No: CAF 15-02024 |
| Slip Opinion No: 2015 NY Slip Op 94875(U) |
| Decided on December 23, 2015 |
| 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 15-02024
DOCKET NO. V-11128-14
| MATTER OF GERALD SMITH, PETITIONER-APPELLANT, V TONYA STEWART,
RESPONDENT-RESPONDENT. |
Petitioner-appellant having applied 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, Monroe County, entered in the Office of the Clerk of said Court on May 1, 2015,
Now, upon reading and filing the certification of Brian Wirley, Esq., dated December 1, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the application 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 Family Court, Monroe County, is hereby directed to 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: December 23, 2015
FRANCES E. CAFARELL, Clerk