IN THE MATTER OF LEROY SHIRK V ELVA SHIRK
Motion No: CAF 23-00675
Slip Opinion No: 2023 NY Slip Op 70191(U)
Decided on July 7, 2023
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.


July 7, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

CAF 23-00675
Docket Nos: V-435-438-19/22E, V-440/441-19/22E

IN THE MATTER OF LEROY SHIRK, PETITIONER-RESPONDENT,

V

ELVA SHIRK, RESPONDENT-APPELLANT.


Respondent-appellant having moved 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, Yates County, entered March 8, 2023,

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 John Cirando, Esq., 250 South Clinton Street, Suite 350, Syracuse, New York 13202, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Yates County Family Court Clerk provide John Cirando, 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 Yates County Family Court Clerk.

Entered: July 7, 2023

Ann Dillon Flynn

Clerk of the Court