| MATTER OF NICHOLAS JOHN DeSTAFFAN V JOSEPHINE A. VALDES-ALVAREZ |
| Motion No: CAF 09-00193 |
| Slip Opinion No: 2009 NYSlipOp 62863(U) |
| Decided on February 3, 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 09-00193
DOCKET NO. F-02051-99-08E & F
| MATTER OF NICHOLAS JOHN DeSTAFFAN,
PETITIONER-RESPONDENT, V JOSEPHINE A. VALDES-ALVAREZ, RESPONDENT-APPELLANT. |
Respondent-appellant having applied 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 January 12, 2009,
Now, upon reading and filing the certification of Sally B. Hendrix, Esq., dated January 20, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the application insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized for a party in a child support modification proceeding (see Family Court Act §§262, 1120 [a]), and
It is further ORDERED that the application insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: February 3, 2009
JOANN M. WAHL, Clerk