| MATTER OF MARTIN J. SEAMANS V STACIA M. WONDERLING |
| Motion No: CAF 09-00762 |
| Slip Opinion No: 2009 NY Slip Op 73575(U) |
| Decided on May 12, 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: HURLBUTT, J. P., SMITH, CENTRA, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00762
DOCKET NO. F-00075-97/08H
| MATTER OF MARTIN J. SEAMANS, PETITIONER-APPELLANT, V STACIA M.
WONDERLING, 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, Allegany County, entered in the Office of the Clerk of said Court on October 29, 2008,
Now, upon reading and filing the affidavit of Martin Seamans, sworn to November 19, 2008, 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 the assignment of counsel is denied on the ground that such relief is not authorized by statute (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 setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: May 12, 2009
PATRICIA L. MORGAN, Clerk