| MATTER OF THOMAS M. LEWIS, SR. V DEPARTMENT OF HUMAN SERVICES, ON BEHALF OF TYRA L. HUGGINS |
| Motion No: CAF 09-00214 |
| Slip Opinion No: 2009 NYSlipOp 62868(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 09-00214
DOCKET NO. F2836-04/08B
| MATTER OF THOMAS M. LEWIS, SR.,
PETITIONER-APPELLANT, V DEPARTMENT OF HUMAN SERVICES, ON BEHALF OF TYRA L. HUGGINS,
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, Monroe County, entered in the Office of the Clerk of said Court on December 17, 2008,
Now, upon reading and filing the affidavit of Thomas Lewis, sworn to January 15, 2009, the notice of motion with proof of service thereof, the statement of Paul D. Fuller, Esq., dated January 23, 2009, 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 child support modification proceeding (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]).
Dated: February 3, 2009
JOANN M. WAHL, Clerk