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

APPELLATE DIVISION DOCKET NO. CAF 18-01639
DOCKET NO. V-510-15-18B

MATTER OF JOHN AVENT, PETITIONER-APPELLANT, V MARIA AVENT, RESPONDENT-RESPONDENT.

Petitioner-appellant having applied 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, Cattaraugus County, entered in the Office of the Clerk of said Court on July 17, 2018,

Now, upon reading and filing the certification of Jay D. Carr, Esq., filed September 10, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal filed July 23, 2018, shall be treated as valid as to the order of Family Court entered July 17, 2018, and

It is further ORDERED that the application is granted, and

It is further ORDERED that Jay D. Carr, Esq., 235 North Union Street, Olean, New York 14760, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Cattaraugus County, provide Jay D. Carr, 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, and

It is further ORDERED that the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Cattaraugus County Family Court Clerk's Office.

Entered: October 25, 2018

MARK W. BENNETT, Clerk