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

APPELLATE DIVISION DOCKET NO. CAF 18-00542
DOCKET NO. V-01425-13-17J, K, L, M, N

MATTER OF JOLIE SALTER, PETITIONER-RESPONDENT, V KARL KERN, 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, Wayne County, entered in the Office of the Clerk of said Court on February 13, 2018,

Now, upon reading and filing the affidavit of Karl C. Kern, sworn to March 22, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal entered February 13, 2018, shall be treated as valid as to the order of Family Court entered February 13, 2018, and

It is further ORDERED that the motion is granted, and

It is further ORDERED that Robert A. DiNieri, Esq., 52 Glasgow Street, Clyde, New York 14433, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Wayne County, is hereby directed to provide Robert A. DiNier, 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 29, 2018

MARK W. BENNETT, Clerk