MATTER OF STACY MARTINEZ V JASON M. MCMASTERS
Motion No: CAF 17-00815
Slip Opinion No: 2017 NY Slip Op 75660(U)
Decided on May 25, 2017
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


May 25, 2017

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

APPELLATE DIVISION DOCKET NO. CAF 17-00815
DOCKET NO. V-04804-14-16C

MATTER OF STACY MARTINEZ, PETITIONER-RESPONDENT,

V

JASON M. MCMASTERS, RESPONDENT-APPELLANT.


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 April 3, 2017,

Now, upon reading and filing the certification of Jeffrey M. Harrington, Esq., filed April 27, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal dated April 25, 2017, shall be treated as valid as to the order of Family Court entered April 3, 2017, and

It is further ORDERED that the application is granted, and

It is further ORDERED that Denis A. Kitchen, Jr., Esq., 8899 Main Street, 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 Denis A. Kitchen, Jr., 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: May 25, 2017

FRANCES E. CAFARELL, Clerk