Opinion
Motion No: CAF 13-00616 DOCKET NO. V-00916-12-12A V-00916-12/12B DOCKET NO. V-00916-12-12C
07-10-2013
MATTER OF MARK B. MILLER, PETITIONER-APPELLANT, v. CHIVON PEDERSON, RESPONDENT-RESPONDENT. MATTER OF MARK B. MILLER, PETITIONER-APPELLANT, AND SUSAN MILLER, PETITIONER, v. CHIVON PEDERSON, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner-appellant Mark B. Miller and petitioner Susan Miller having moved for permission to proceed as poor persons and for assignment of counsel on the appeal taken herein by Mark B. Miller from an order of the Family Court, Herkimer County, entered in the Office of the Clerk of said Court on January 8, 2013,
Now, upon reading and filing the affidavit of Mark B. Miller and Susan Miller, sworn to June 5, 2013, and June 11, 2013, respectively, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person and assignment of counsel for Susan Miller is denied with leave to renew upon submission of a new motion that includes a copy of a notice of appeal filed by or on behalf of Susan Miller, together with proof of service of the notice of appeal, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and assignment of counsel for Mark B. Miller is granted, and
It is further ORDERED that Abbie Goldbas, Esq., 285 Genesee Street, Utica, New York 13501, is hereby assigned as counsel to conduct the appeal, and
It is further ORDERED that the Clerk of the Family Court, Herkimer County, provide Abbie Goldbas, 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.
FRANCES E. CAFARELL, Clerk