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

APPELLATE DIVISION DOCKET NO. CAF 16-02172
DOCKET NO. V-01196-02-15L

MATTER OF NANCY FURMAN, PETITIONER-RESPONDENT, V DIANA M. FLINN, RESPONDENT-APPELLANT, AND DAVID MT. PLEASANT, RESPONDENT-RESPONDENT.

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, Niagara County, entered in the Office of the Clerk of said Court on September 14, 2016,

Now, upon reading and filing the affidavit of Diana M. Flinn, sworn to October 11, 2016, the notice of motion with proof of service thereof, and the statement of Brian D. Seaman, Esq,. dated November 30, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that David J. Farrugia, Esq., Niagara County Public Defender, 175 Hawley Street, Lockport, New York 14094-2740, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Niagara County, is hereby directed to provide David J. Farrugia, 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 28, 2016

FRANCES E. CAFARELL, Clerk