| MATTER OF ROY A. MCDONALD AND SHANNON E. MCDONALD V MARJORY J. PARKER PETER KETTLER, AND BRIAN M. PARKER |
| Motion No: CAF 09-01178 |
| Slip Opinion No: 2009 NY Slip Op 78167(U) |
| Decided on July 9, 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 09-01178
DOCKET NOS. V-1439, 1440, 1441-07/08E
| MATTER OF ROY A. MCDONALD AND SHANNON E.
MCDONALD, PETITIONERS-APPELLANTS, V MARJORY J. PARKER, RESPONDENT-RESPONDENT, PETER KETTLER, AND BRIAN M. PARKER,
RESPONDENTS. |
Petitioners-appellants having applied for permission to proceed as poor persons on the appeal taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on May 5, 2009, and for assignment of counsel,
Now, upon the Court's own motion,
It is hereby ORDERED that the order of this Court entered July 7, 2009, is vacated, and
It is further ORDERED that the application insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized for non-parent petitioners in a proceeding concerning visitation (see Family Court Act §§ 262, 1120 [a]), and
It is further ORDERED that the application insofar as it seeks permission to proceed as poor persons 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: July 9, 2009
PATRICIA L. MORGAN, Clerk