MATTER OF CARL A. G. V MYRIAM L. S.
Motion No: CAF 07-02721
Slip Opinion No: 2008 NYSlipOp 61329(U)
Decided on January 16, 2008
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.


January 16, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, CENTRA, FAHEY, AND PERADOTTO, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02721
DOCKET NO. F-00683-06

MATTER OF CARL A. G., PETITIONER-APPELLANT,

V

MYRIAM L. S., RESPONDENT-RESPONDENT.


Petitioner-appellant having applied 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, Genesee County, entered in the Office of the Clerk of said Court on October 2, 2007,

Now, upon reading and filing the certification of Susan P. Reinecke, Esq., dated December 28, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the application insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized for a party in a spousal maintenance proceeding (see Family Court Act §§ 262, 1120 [a]), and

It is further ORDERED that the application 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 (see 22 NYCRR 1000.14 [a] [2]).

Entered: January 16, 2008

JOANN M. WAHL, Clerk