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

APPELLATE DIVISION DOCKET NO. CAF 18-01663
DOCKET NOS. V-00130-18, V-00130-18/18A

MATTER OF THOMAS J. FOSTER, PETITIONER-APPELLANT, AND MELISSA M. OUDERKIRK, PETITIONER-RESPONDENT, V MELISSA M. OUDERKIRK, RESPONDENT-RESPONDENT, AND THOMAS J. FOSTER, RESPONDENT-APPELLANT.

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, Wayne County, entered in the Office of the Clerk of said Court on August 8, 2018,

Now, upon reading and filing the certification of Elizabeth A. Hendy, Esq., dated September 7, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and

It is further ORDERED that Tyson Blue, Esq., 4046 County Line Road, Macedon, New York 14505, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Wayne County, provide Tyson Blue, 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 Wayne County Family Court Clerk's Office.

Entered: December 27, 2018

MARK W. BENNETT, Clerk