MATTER OF TRACY A. RIGGINS V CLINTON J. DOWNING
Motion No: CAF 18-00963
Slip Opinion No: 2018 NY Slip Op 78150(U)
Decided on July 5, 2018
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


July 5, 2018

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

APPELLATE DIVISION DOCKET NO. CAF 18-00963
DOCKET NO. O-11082-17

MATTER OF TRACY A. RIGGINS, PETITIONER-RESPONDENT,

V

CLINTON J. DOWNING, RESPONDENT-APPELLANT.


An order having been entered on June 18, 2018, granting respondent-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 Drew R. DuBrin, Esq., dated June 25, 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 October 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.

Entered: July 5, 2018

MARK W. BENNETT, Clerk