PRESENT: HURLBUTT, J. P., MARTOCHE, CARNI, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00712
DOCKET NO. F-02271-07/08D, B, C

MATTER OF TODD W. ALEXANDER, PETITIONER-APPELLANT, V DONNA M. ALEXANDER, RESPONDENT-RESPONDENT.

Petitioner-appellant having moved 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, Ontario County, entered in the Office of the Clerk of said Court on February 27, 2009,

Now, upon reading and filing the affidavit of Toddy W. Alexander, sworn to March 24, 2009, the notice of motion with proof of service thereof, the affirmations of Barry D. McFadden, Esq., dated March 26, 2009 and April 9, 2009, the affirmation of Gary Muldoon, Esq., dated April 15, 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 that addresses the allegations contained in the affirmations of Barry D. McFadden, Esq., dated March 26, 2009 and April 9, 2009, and the affirmation of Gary Muldoon, Esq., dated April 15, 2009.

Entered: May 12, 2009

PATRICIA L. MORGAN, Clerk