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

APPELLATE DIVISION DOCKET NO. CAF 07-02725
DOCKET NO. F-21239-03/07D

MATTER OF RICHARD M., JR., PETITIONER-APPELLANT, V LATISHA W., 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, Erie County, entered in the Office of the Clerk of said Court on August 15, 2007,

Now, upon reading and filing the affidavit of Richard M., sworn to December 7, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized for a party in a child support modification proceeding (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 submission of a new motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see 22 NYCRR 1000.14 [a] [2]).

Entered: January 14, 2008

JOANN M. WAHL, Clerk