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

APPELLATE DIVISION DOCKET NO. CAF 16-02075
DOCKET NOS. V-03066-15, V-08422-15

MATTER OF CARLOS J. TORRES, PETITIONER-APPELLANT, V DIANE M. RODRIGUEZ, RESPONDENT-RESPONDENT. MATTER OF ESTELLE MINER, PETITIONER-RESPONDENT, V CARLOS J. TORRES, RESPONDENT-APPELLANT, AND DIANE M. RODRIGUEZ, RESPONDENT-RESPONDENT.

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, Erie County, entered in the Office of the Clerk of said Court on October 25, 2016,

Now, upon reading and filing the certification of John P. Luhr, Esq., dated November 7, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Peter P. Vasilion, Esq., 8845 Sheridan Drive, Williamsville, New York 14221, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide Peter P. Vasilion, 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, and

It is further ORDERED that the notice of appeal filed November 3, 2016, shall be treated as valid as to the order of Family Court entered October 25, 2016.

Entered: December 15, 2016

FRANCES E. CAFARELL, Clerk