| MATTER OF PIERRE D. C. V LADEENA A. C. |
| Motion No: CAF 08-01633 |
| Slip Opinion No: 2008 NYSlipOp 81337(U) |
| Decided on August 20, 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, PERADOTTO, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-01633
DOCKET NO. P-03038-08
| MATTER OF PIERRE D. C., PETITIONER-APPELLANT, V LADEENA A. C.,
RESPONDENT-RESPONDENT. |
Petitioner-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, Onondaga County, entered in the Office of the Clerk of said Court on May 29, 2008,
Now, upon reading and filing the affidavit of Pierre D. C., sworn to July 3, 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 the petitioner in a paternity 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 setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: August 20, 2008
JOANN M. WAHL, Clerk