| IN THE MATTER OF YOLANDA COOPER V GREGORY M. LOGINS |
| Motion No: CAF 08-00932 |
| Slip Opinion No: 2008 NYSlipOp 72219(U) |
| Decided on May 12, 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 08-00932
DOCKET NO. U-02156-06
| IN THE MATTER OF YOLANDA COOPER,
PETITIONER-RESPONDENT, V GREGORY M. LOGINS, 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, Wayne County, entered in the Office of the Clerk of said Court on February 4, 2008,
Now, upon reading and filing the affidavits of Gregory M. Logins, sworn to March 28, 2008, and April 15, 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 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 (see 22 NYCRR 1000.14 [a] [2]).
ENTERED: May 12, 2008
JOANN M. WAHL, Clerk