| MATTER OF MELISSA J. D. V JOHN M. M. |
| Motion No: CAF 07-02135 |
| Slip Opinion No: 2007 NYSlipOp 84683(U) |
| Decided on November 27, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
APPELLATE DIVISION DOCKET NO. CAF 07-02135
DOCKET NO. F-07292-07
| MATTER OF MELISSA J. D., PETITIONER-RESPONDENT, V JOHN M. M.,
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, Erie County, entered in the Office of the Clerk of said Court on September 12, 2007,Now, upon reading and filing the affidavit of John M. M., sworn to
September 28, 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 for a party in a proceeding to establish child support (see 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 with leave to renew upon the submission of a new motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (22 NYCRR 1000.14 [a] [2]).
Entered: November 27, 2007
JOANN M. WAHL, Clerk