| MATTER OF CHESTER J. GASCON, II V TAMMY JO DAY |
| Motion No: CAF 09-01334 |
| Slip Opinion No: 2009 NY Slip Op 78174(U) |
| Decided on July 13, 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 09-01334
DOCKET NO. F-94-01/08J
| MATTER OF CHESTER J. GASCON, II, PETITIONER-APPELLANT, V TAMMY JO
DAY, 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, Livingston County, entered in the Office of the Clerk of said Court on April 6, 2009
Now, upon reading and filing the affidavit of Chester Gascon, sworn to May 19, 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 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 setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: July 13, 2009
PATRICIA L. MORGAN, Clerk