| MATTER OF CATHERINE CHOMIK V JAROSLAW SYPNIAK |
| Motion No: CAF 09-00701 |
| Slip Opinion No: 2009 NY Slip Op 71745(U) |
| Decided on April 27, 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 09-00701
DOCKET NO. F-3238-01/08C,D
| MATTER OF CATHERINE CHOMIK, PETITIONER-APPELLANT, V JAROSLAW
SYPNIAK, 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, Monroe County, entered in the Office of the Clerk of said Court on March 11, 2009,
Now, upon reading and filing the certification of George A. Schell, Esq., dated April 3, 2009, the statement of Paul D. Fuller, Esq., dated April 17, 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 seeking to modify or vacate an order or judgment concerning child support (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: April 27, 2009
PATRICIA L. MORGAN, Clerk