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.

An order having been entered on February 16, 2018, granting respondent-appellant's application to perfect an appeal taken herein as a poor person and assigning Pamela Thibodeau, Esq., as counsel to perfect the appeal,

Now, upon reading and filing the statement of Pamela Thibodeau, Esq., dated May 30, 2018,

It is hereby ORDERED that David J. Pajak, Esq., 13179 Broadway, Suite 2, Alden, New York 14004, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Family Court, Erie County, entered in the office of the Clerk of said Court on November 21, 2017, in place and stead of Pamela Thibodeau, 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, Erie County is hereby directed to provide David J. Pajak, 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 respondent-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before August 21, 2018, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: June 22, 2018

MARK W. BENNETT, Clerk