| MATTER OF KELLY A. TODD V WAYNE L. JOHNSON |
| Motion No: CAF 08-01243 |
| Slip Opinion No: 2009 NY Slip Op 74048(U) |
| Decided on May 28, 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., MARTOCHE, CENTRA, GREEN, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-01243
DOCKET NO. F-00580-01/07H
| MATTER OF KELLY A. TODD, PETITIONER-RESPONDENT, V WAYNE L.
JOHNSON, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved for permission to respond to the appeal taken herein from an order of the Family Court, Oswego County, entered in the Office of the Clerk of said Court on May 7, 2008, as a poor person and for assignment of counsel,
Now, upon reading and filing the affidavit of Kelly A. Todd, sworn to May 7, 2009, 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 assignment of counsel is denied on the ground that such relief is not authorized for the petitioner in a wilful violation proceeding (see Family Court Act §§ 262, 1120 [a]), and
It is further ORDERED that the motion insofar as it seeks permission to respond to the appeal as a poor person is denied on the ground that petitioner would receive no effective relief from such an order.
Entered: May 28, 2009
PATRICIA L. MORGAN, Clerk