PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 16-00171
DOCKET NO. V-18440-15

MATTER OF DENISE SMITH, PETITIONER-APPELLANT, V ERIE COUNTY CHILDREN'S SERVICES, 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 December 23, 2015,

Now, upon reading and filing the affidavit of Denise D. Smith, sworn to January 21, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized (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 granted, and

It is further ORDERED that the Clerk of the Family Court, Erie County, provide petitioner-appellant 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: February 8, 2016

FRANCES E. CAFARELL, Clerk