| MATTER OF CARL A. GUTZMER V MYRIAM L. SANTINI |
| Motion No: CAF 09-00566 |
| Slip Opinion No: 2009 NYSlipOp 69081(U) |
| Decided on March 31, 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, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00566
DOCKET NO. V-00039-98/07W,Y
| MATTER OF CARL A. GUTZMER, PETITIONER-APPELLANT, V MYRIAM L.
SANTINI, RESPONDENT-RESPONDENT. |
Petitioner-appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Genesee County, entered in the Office of the Clerk of said Court on September 30, 2008,
Now, upon reading and filing the certification of Susan P. Reinecke, Esq., dated March 16, 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 the petitioner in a contempt proceeding (see Family Court Act §§ 262 [a] [vi], 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: March 31, 2009
JOANN M. WAHL, Clerk