| MATTER OF EDWARD KLOCK V MAUREEN KLOCK |
| Motion No: CAF 09-00426 |
| Slip Opinion No: 2009 NYSlipOp 69110(U) |
| Decided on April 2, 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 09-00426
DOCKET NOS. F-0012-08/08A, F-00827-08
| MATTER OF EDWARD KLOCK, PETITIONER-RESPONDENT, V MAUREEN
KLOCK, 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, Herkimer County, entered in the Office of the Clerk of said Court on January 14, 2009,
Now, upon reading and filing the certification of Danielle M. Mustard, Esq., dated February 11, 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 proceeding concerning the modification or termination of child support (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 motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: April 2, 2009
PATRICIA L. MORGAN, Deputy Clerk