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

APPELLATE DIVISION DOCKET NO. CAF 17-01823
DOCKET NOS. V-11506/07-09/17A

MATTER OF ANDREW J. PAJEK, PETITIONER-APPELLANT, V STEPHEN FEKETI, AND EMILY KATHERINE IRELAND (KNOWN NOW AS VALCIN), RESPONDENTS-RESPONDENTS.

An order having been entered on November 13, 2017, granting petitioner-appellant's application to perfect an appeal taken herein as a poor person and assigning Timothy P. Donaher, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of David R. Juergens, Esq., dated February 23, 2018,

It is hereby ORDERED that Mark Funk, Esq., Monroe County Conflict Defender, 80 West Main Street, Suite 300, Rochester, New York 14614, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Monroe County, entered in the office of the Clerk of said Court on September 25, 2017, in place and stead of Timothy P. Donaher, Esq.; and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of the Family Court, Monroe County is hereby directed to provide Mark Funk, Esq. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before May 4, 2018, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: March 2, 2018

MARK W. BENNETT, Clerk