| MATTER OF ROBIN D. V DANIEL D. |
| Motion No: CAF 08-00286 |
| Slip Opinion No: 2008 NYSlipOp 65603(U) |
| Decided on February 25, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH AND CENTRA, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-00286
DOCKET NO. F9759-06
| MATTER OF ROBIN D., PETITIONER-RESPONDENT, V DANIEL D.,
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, Monroe County, entered in the Office of the Clerk of said Court on December 20, 2007,
Now, upon reading and filing the affidavit of Daniel D., sworn to February 5, 2008, 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 child support or maintenance modification proceeding (see 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 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: February 25, 2008
JOANN M. WAHL, Clerk