| MATTER OF LORI A. BRICKWOOD-COLES V STEPHEN M. MORALES |
| Motion No: CAF 08-01348 |
| Slip Opinion No: 2008 NYSlipOp 79049(U) |
| Decided on July 23, 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: SMITH, J. P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-01348
DOCKET NO. F-1174-07/07A
| MATTER OF LORI A. BRICKWOOD-COLES, PETITIONER-RESPONDENT,
V STEPHEN M. MORALES, 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, Livingston County, entered in the Office of the Clerk of said Court on February 13, 2008,
Now, upon reading and filing the affidavit of Stephen Morales, sworn to June 12, 2008, the notice of motion with proof of service thereof, the affirmation of James D. LaPiana, Esq., dated June 25, 2008, 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 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 the submission of a new motion that includes an affidavit which addresses the issue raised in the affirmation of James D. LaPiana, Esq., regarding the equity in respondent-appellant's real estate holdings.
Entered: July 23, 2008
JOANN M. WAHL, Clerk