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

APPELLATE DIVISION DOCKET NO. CAF 17-02178
DOCKET NO. O-02571-14-17B
DOCKET NO. O-02569-14-17B

MATTER OF JOHN J. ALTIMONTE, PETITIONER-APPELLANT, V RONALD M. LABUZ, RESPONDENT-RESPONDENT. MATTER OF JOHN J. ALTIMONTE, PETITIONER-APPELLANT, V CAROL A. ALTIMONTE, RESPONDENT-RESPONDENT.

Petitioner-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, Oneida County, entered in the Office of the Clerk of said Court on November 21, 2017,

Now, upon reading and filing the certification of Gustave J. DeTraglia, III, Esq., dated December 14, 2017, and the statement of Lawrence A. Sardelli, Esq., dated December 18, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Peter J. DiGiorgio, Jr., Esq., 2103 Genesee Street, Utica, New York 13501, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Oneida County, is hereby directed to provide Peter J. DiGiorgio, 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: February 16, 2018

MARK W. BENNETT, Clerk