MATTER OF BLAINE ASHLEY WIGGINS V KIMBERLY JEAN RAINESS
Motion No: CAF 08-01704
Slip Opinion No: 2008 NYSlipOp 82900(U)
Decided on September 4, 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.


September 4, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-01704
DOCKET NOS. V-06309-05/07A,B,C
V-06310-05/07A,B,C

MATTER OF BLAINE ASHLEY WIGGINS,

PETITIONER-RESPONDENT,

V

KIMBERLY JEAN RAINESS, 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, Oneida County, entered in the Office of the Clerk of said Court on March 28, 2008,

Now, upon reading and filing the affidavit of Kimberly Jean Rainess, sworn to August 6, 2008, the notice of motion with proof of service thereof, the statement of Raymond *Bara, Esq., dated August 18, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew upon submission of a new motion that includes an affidavit setting forth respondent-appellant's gross monthly income.

Entered: September 4, 2008

JOANN M. WAHL, Clerk