| MATTER OF GINA M. STEPHENS V DONALD M. STEPHENS |
| Motion No: CAF 09-00089 |
| Slip Opinion No: 2009 NYSlipOp 62269(U) |
| Decided on January 28, 2009 |
| 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: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00089
DOCKET NO. O-01182-08
| MATTER OF GINA M. STEPHENS, PETITIONER-RESPONDENT, V DONALD M.
STEPHENS, 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, Ontario County, entered in the Office of the Clerk of said Court on August 26, 2008,
Now, upon reading and filing the affidavit of Donald Stephens, sworn to December 8, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the submission of a new motion that includes an affidavit describing appellant's current living arrangements and the method by which he supports himself.
Entered: January 28, 2009
JOANN M. WAHL, Clerk