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

APPELLATE DIVISION DOCKET NO. CAF 18-02001
DOCKET NO. B-00659-18; B-00660-18

MATTER OF KRISTOPHER H. LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; MARY H., RESPONDENT, AND BROCK H., RESPONDENT-APPELLANT.

Respondent-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, Livingston County, entered in the office of the Clerk of said Court on October 16, 2018,

Now, upon reading and filing the certification of Michael W. Stivers, Esq., dated November 23, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal entered October 19, 2018, shall be treated as valid as to the order of Family Court entered October 16, 2018, and

It is further ORDERED that the application is granted, and

It is further ORDERED that Mary P. Davison, Esq., PO Box 652, Canandaigua, New York 14424, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Livingston County, provide Mary P. Davison, 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 transcripts, if any, shall be filed with the Clerk of the Family Court, Livingston County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), 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 Livingston County Family Court Clerk's Office.

Entered: January 22, 2019

MARK W. BENNETT, Clerk