PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-01789
DOCKET NO. F-03225-03/08B

MATTER OF J B CHRISTOMO, PETITIONER-APPELLANT, V ANANY CHRISTOMO, 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 19, 2008,

Now, upon reading and filing the affidavit of J. B. Christomo, sworn to July 22, 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 seeking the suspension of an order of 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 CPLR § 1101 [a])).

ENTERED: September 3, 2008

JOANN M. WAHL, Clerk