PRESENT: SCUDDER, P. J., HURLBUTT, CENTRA, LUNN, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-01994
DOCKET NO. F-10791-97/07D

MATTER OF SUSAN LAMATTINA, PETITIONER-RESPONDENT, V DAVID JAKUBIK, 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, Erie County, entered in the Office of the Clerk of said Court on July 23, 2008,

Now, upon reading and filing the affidavit of David Jakubik, sworn to August 14, 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 in a proceeding to establish child support arrears in which the question of whether the respondent committed a wilful violation of a support order is not before the Court (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: October 27, 2008

JOANN M. WAHL, Clerk