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

APPELLATE DIVISION DOCKET NO. CAF 16-01309
DOCKET NO. V-815-10-15E

MATTER OF DONALD BROCKEL, PETITIONER-RESPONDENT, V MICHELLE MARTIN, 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, Cattaraugus County, entered in the Office of the Clerk of said Court on May 4, 2016,

Now, upon reading and filing the affidavit of Michelle Martin, sworn to August 29, 2016, the notice of motion with proof of service thereof, and the affidavit of M. Mark Howden, Esq., sworn to September 1, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Lyle T. Hajdu, Esq., 414 East Fairmount Avenue, PO Box 414, Lakewood, New York 14750, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Cattaraugus County, is hereby directed to provide Lyle T. Hajdu, 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: September 26, 2016

FRANCES E. CAFARELL, Clerk