MATTER OF YOLANDA VIOLA ANGELA VIGIER V NORMAN EDWIN SWANSON
Motion No: CAF 08-02163
Slip Opinion No: 2008 NYSlipOp 89469(U)
Decided on November 13, 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.


November 13, 2008

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

APPELLATE DIVISION DOCKET NO. CAF 08-02163
DOCKET NO. F-00559-08/A & B

MATTER OF YOLANDA VIOLA ANGELA VIGIER, PETITIONER-APPELLANT,

V

NORMAN EDWIN SWANSON, 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 August 8, 2008,

Now, upon reading and filing the affidavit of Yolanda Viola Angela Vigier, sworn to September 2, 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 in a proceeding concerning the registration of a support order (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: November 13, 2008

JOANN M. WAHL, Clerk