PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-01062
DOCKET NO .F-08557-10/13D

MATTER OF GAMALIEL DOMINGUEZ, PETITIONER-RESPONDENT, V CLARA MONTALBANO, RESPONDENT-APPELLANT.

Petitioner-respondent 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, Monroe County, entered in the Office of the Clerk of said Court on August 29, 2014, and for an extension of time to file a respondent's brief,

Now, upon reading and filing the affidavits of Gamaliel Dominguez, sworn to November 30, 2015, the notice of motion with proof of service thereof, and the affirmation of Michael Steinberg, Esq., dated December 21, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks the assignment of counsel is denied (see Family Court Act §§ 262, 1120 [a]), and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file a respondent's brief is granted on condition that petitioner-respondent submit ten copies of his brief to the Court, together with proof of service, on or before January 14, 2016, and the Clerk is directed to accept said briefs for filing.

Entered: December 30, 2015

FRANCES E. CAFARELL, Clerk