PRESENT: SCUDDER, P. J., HURLBUTT, SMITH, PERADOTTO, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-01863
DOCKET NO. F-02044-03/06K

MATTER OF MAURICE D. C., PETITIONER-RESPONDENT, V DIANNA L. C., 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, Niagara County, entered in the Office of the Clerk of said Court on December 12, 2006,Now, upon reading and filing the affidavit of Dianna C., sworn to September 4, 2007, 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 the assignment of counsel is denied on the ground that such relief is not authorized by statute (Family Court Act §§ 262, 1120 [a]), and

It is further ORDERED that the motion insofar as it seeks permission to appeal as a poor person is denied on the ground that appellant has failed to set forth sufficient facts so that the merit of the contentions can be ascertained (22 NYCRR 1000.14 [a] [2]).

Memorandum: Because the appeal has not been perfected within nine months of service of the notice of appeal it is deemed abandoned and dismissed, and any future application by appellant must include a request to vacate the dismissal of the appeal

(22 NYCRR 1000.12 [b]).

Entered: October 19, 2007

JOANN M. WAHL, Clerk