| MATTER OF JUANITA AIKENS V KENNETH MARK NELL |
| Motion No: CAF 08-01179 |
| Slip Opinion No: 2008 NYSlipOp 87813(U) |
| Decided on October 27, 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: CENTRA, J. P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-01179
DOCKET NO. F-01472-06
| MATTER OF JUANITA AIKENS, PETITIONER-RESPONDENT, V KENNETH
MARK NELL, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved for permission to respond as a poor person on the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on May 21, 2008, and for the assignment of counsel,
Now, upon reading and filing the affidavit of Juanita Aikens, sworn to September 29, 2008, the notice of motion with proof of service thereof, the statement of Mary P. Davison, Esq., dated October 9, 2008, the statement of Elisabeth Ann Toole, Esq., dated October 14, 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 the petitioner in a paternity and support proceeding (see Family Court Act §§ 262, 1120 [a]), and
It is further ORDERED that the motion insofar as it seeks an order permitting petitioner-respondent to respond to the appeal as a poor person is denied on the ground that petitioner-respondent would receive no effective relief from such an order.
Entered: October 27, 2008
JOANN M. WAHL, Clerk