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

APPELLATE DIVISION DOCKET NO. CAF 07-02501
DOCKET NO. F-2014-98

MATTER OF SHANNON H., PETITIONER-APPELLANT, V KIMBERLY F., RESPONDENT-RESPONDENT.

Petitioner-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, Cattaraugus County, entered in the Office of the Clerk of said Court on October 10, 2007,

Now, upon reading and filing the affidavit of Shannon H., sworn to October 31, 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 assignment of counsel is denied on the ground that such relief is not authorized for a party in a child support modification proceeding (Family Court Act §§ 262, 1120 [a]), and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the Family Court, Cattaraugus County, is hereby directed to provide Shannon H. 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.

Entered: January 8, 2008

JOANN M. WAHL, Clerk