MATTER OF MARGARET K. V DANBY A.
Motion No: CAF 07-00526
Slip Opinion No: 2007 NYSlipOp 81213(U)
Decided on October 17, 2007
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 17, 2007

PRESENT: SCUDDER, P. J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-00526
DOCKET NO. F-00996-96/06E

MATTER OF MARGARET K., PETITIONER-RESPONDENT,
V
DANBY A., RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on January 5, 2007,Now, upon reading and filing the affidavit of Danby F. A., sworn to August 17, 2007, the notice of motion with proof of service thereof, the statement of Matthew J. Clark, Esq., dated August 30, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Respondent's supporting affidavit did not set forth the amount of his income, nor did it set forth sufficient facts so that the merit of the contentions can be ascertained (22 NYCRR 1000.14 [a] [1], [2]).

Entered: October 17, 2007

JOANN M. WAHL, Clerk