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

APPELLATE DIVISION DOCKET NO. CAF 16-02347
DOCKET NO. V-08432-15

MATTER OF CARLOS J. TORRES, PETITIONER-APPELLANT, V ERIE COUNTY CHILDREN'S SERVICES, RESPONDENT-RESPONDENT.

An order having been entered on February 1, 2017, granting petitioner-appellant's application to perfect an appeal taken herein as a poor person and assigning Peter P. Vasilion, Esq., as counsel to perfect the appeal, an order having been entered on December 20, 2017, substituting Bernadette Hoppe, Esq., an order having been entered on January 31, 2018, substituting Keli Iles-Hernandez, Esq., as counsel to perfect the appeal, and an order having been entered on July 5, 2018, substituting Charles J. Greenberg, Esq., as counsel to perfect the appeal,

Now, upon the Court's own motion,

It is hereby ORDERED that the order entered July 5, 2018, assigning Charles J. Greenberg, Esq., to conduct the appeal is vacated, and

It is further ORDERED that Evelyne A. O'Sullivan, Esq., 137 Glen Oak Drive, East Amherst, New York 14051, 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 October 25, 2016, in place and stead of Charles J. Greenberg, 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 Evelyne A. O'Sullivan, 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 appellant file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before October 22, 2018, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Entered: August 22, 2018

MARK W. BENNETT, Clerk