MATTER OF JESSICA W. BENSON V JAMES T. SMITH MATTER OF JESSICA W. BENSON V JAMES T. SMITH
Motion No: CAF 18-00745
Slip Opinion No: 2018 NY Slip Op 91178(U)
Decided on December 10, 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.


December 10, 2018

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

APPELLATE DIVISION DOCKET NO. CAF 18-00745
DOCKET NO. O-00771-17
APPELLATE DIVISION DOCKET NO. CAF 18-00746
DOCKET NO. V-00775-17

MATTER OF JESSICA W. BENSON, PETITIONER-RESPONDENT,

V

JAMES T. SMITH, RESPONDENT-APPELLANT.

MATTER OF JESSICA W. BENSON, PETITIONER-RESPONDENT,

V

JAMES T. SMITH, RESPONDENT-APPELLANT.


Petitioner-respondent having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Steuben County, entered in the Office of the Clerk of said Court on April 2, 2018, and April 12, 2018,

Now, upon reading and filing the certification of Karen M. Madsen, Esq., dated October 5, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Raymond P. Kot, II, Esq., 336 Harris Hill Road, Williamsville, New York 14221, is hereby assigned as counsel for respondent herein and may submit an original, five hard copies, and one digital copy of the respondent's brief, together with proof of service of one hard copy of the brief upon each party to the appeal, and

It is further ORDERED that petitioner-respondent submit her briefs to the Court, together with proof of service, on or before January 9, 2019, and the Clerk is directed to accept said briefs for filing.

Entered: December 10, 2018

MARK W. BENNETT, Clerk