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

APPELLATE DIVISION DOCKET NO. CAF 17-00012
DOCKET NO. V-00255-12-16A

MATTER OF KEVIN H. STUTZ, PETITIONER-RESPONDENT, V JAMIE L. STUTZ, 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 November 19, 2016,

Now, upon reading and filing the affidavit of Jamie L. Stutz, sworn to December 5, 2016, the notice of motion with proof of service thereof, and the statement of Eric M. Firkel, Esq., dated January 9, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Lyle T. Hadju, 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: February 24, 2017

FRANCES E. CAFARELL, Clerk