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

APPELLATE DIVISION DOCKET NO. CAF 18-00023
DOCKET NO. V-08373-16

MATTER OF MARLYN MARTINEZ-SAROFF AND DAVID SAROFF, PETITIONERS-RESPONDENTS, V KYLA MARTINEZ-SAROFF, 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 November 21, 2017,

Now, upon reading and filing the certification of James M. VanDette, Esq., dated December 5, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal filed December 1, 2017, shall be treated as valid as to the order of Family Court entered November 21, 2017, under Family Court Docket No. V-08373-16, and

It is further ORDERED that the application is granted, and

It is further ORDERED that Pamela Thibodeau, Esq., 43 Court Street, Suite 810, Buffalo, New York 14202, 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 Pamela Thibodeau, 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