IN THE MATTER OF JOSHUA GILBERT V ANNIE FITZPATRICK
Motion No: CAF 21-00573
Slip Opinion No: 2021 NY Slip Op 73106(U)
Decided on October 5, 2021
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.


October 5, 2021

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

CAF 21-00573
Docket No: V-00217-19/20B

IN THE MATTER OF JOSHUA GILBERT, PETITIONER-APPELLANT,

V

ANNIE FITZPATRICK, RESPONDENT-RESPONDENT.



EMILY A. VELLA, ESQ., ATTORNEY FOR THE CHILD, APPELLANT.


Petitioner-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from an order of the Family Court, Cattaraugus County, entered March 22, 2021,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that Heather A. Tomes, Esq., 23 South Main Street, PO Box 185, Franklinville, New York 14737, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Cattaraugus County Family Court Clerk provide Heather A. Tomes, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings 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.

Entered: October 5, 2021

Ann Dillon Flynn

Clerk of the Court