PRESENT: HURLBUTT, J. P., SMITH, CENTRA, LUNN, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-00773
DOCKET NOS. V-02016-08, V-02022-08, V-02027-08
APPELLATE DIVISION DOCKET NO. CAF 08-00774
DOCKET NOS. V-02007-08, V-15980-07/08A

MATTER OF CLARISSA RANSOM, PETITIONER-APPELLANT, V SHAQUANNA WILSON, AGIN RICHARDSON, AND DOROTHY GRAY, RESPONDENTS-RESPONDENTS. MATTER OF CLARISSA RANSOM, PETITIONER-APPELLANT, V ROBERT I. WILSON, JR., AND DOROTHY GRAY, RESPONDENTS-RESPONDENTS.

Petitioner-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on March 17, 2008,

Now, upon reading and filing the affidavit of Clarissa Ransom, sworn to March 31, 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 on the appeal taken under Appellate Division Docket No. CAF 08-00773 is denied on the ground that such relief is not authorized for a non-parent petitioner in a custody 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 on the appeal taken under Appellate Division Docket No. CAF 08-00773 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]), and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and for the assignment of counsel on the appeal taken under Appellate Division Docket No. CAF 08-00774 is granted, and

It is further ORDERED that Deborah Scinta, Esq., 9 Westgate Road, Kenmore, New York 14217, is hereby assigned as counsel to conduct the appeal taken under Appellate Division Docket No. CAF 08-00774, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide Deborah Scinta, Esq. 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 taken under Appellate Division Docket No. CAF 08-00774 is based.

Entered: May 21, 2008

JOANN M. WAHL, Clerk