| MATTER OF ANDRE D. SIMMONS V DANIELLE D. YOUNGER |
| Motion No: CAF 08-02588 |
| Slip Opinion No: 2009 NYSlipOp 65526(U) |
| Decided on February 24, 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, SMITH, CENTRA, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02588
DOCKET NO. F-08670-00/07B
| MATTER OF ANDRE D. SIMMONS, PETITIONER-APPELLANT, V DANIELLE
D. YOUNGER, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved for permission to file a late notice of appeal from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on November 20, 2007, and for permission to proceed as a poor person and the assignment of counsel,
Now, upon reading and filing the affidavit of Andre Simmons, sworn to January 21, 2009, 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 permission to file a late notice of appeal is denied, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and the assignment of counsel is dismissed.
Entered: February 24, 2009
JOANN M. WAHL, Clerk