MATTER OF NICOLE L. JOHNSTON V TODD E. DICKES
Motion No: CAF 18-01125
Slip Opinion No: 2018 NY Slip Op 81143(U)
Decided on August 9, 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.


August 9, 2018

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

APPELLATE DIVISION DOCKET NO. CAF 18-01125
DOCKET NO. V-00270-13-17N

MATTER OF NICOLE L. JOHNSTON, PETITIONER-APPELLANT,

V

TODD E. DICKES, RESPONDENT-RESPONDENT.


An order having been entered on July 5, 2018, granting petitioner-appellant's motion 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 July 30, 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 February 5, 2018, 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: August 9, 2018

MARK W. BENNETT, Clerk