MATTER OF CARL B., JR.
Motion No: CAF 18-01658
Slip Opinion No: 2019 NY Slip Op 62498(U)
Decided on January 22, 2019
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.


January 22, 2019

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

APPELLATE DIVISION DOCKET NO. CAF 18-01658
DOCKET NO. B-10325-16

MATTER OF CARL B., JR.



MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

PETITIONER-RESPONDENT;

CARL B., SR., RESPONDENT-APPELLANT.


An order having been entered on December 21, 2018, granting respondent-appellant's application 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 January 15, 2019,

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 August 13, 2018, in place and stead of Timothy P. Donaher, Esq.; and said appeal may be prosecuted upon one hard copy of the complete record and an original and five hard copies, and one digital copy of appellant's brief, 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, and

It is further ORDERED that the time to perfect the appeal is extended to March 25, 2019, and that, in the event of failure to so perfect, the appeal is dismissed without further order.

Entered: January 22, 2019

MARK W. BENNETT, Clerk