MATTER OF YOLANDA VIOLA ANGELA VIGIER V NORMAN EDWIN SWANSON
Motion No: CAF 08-02163
Slip Opinion No: 2009 NY Slip Op 78194(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.


July 13, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

APPELLATE DIVISION DOCKET NO. CAF 08-02163
DOCKET NO. F-00559-08/A & B

MATTER OF YOLANDA VIOLA ANGELA VIGIER, PETITIONER-APPELLANT,

V

NORMAN EDWIN SWANSON, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on August 8, 2008,

Now, upon reading and filing the affidavit of Yolanda Viola Angela Swanson, sworn to May 29, 2009, the notice of motion with proof of service thereof, the affirmation of Jon W. Brenizer, Esq., dated July 9, 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, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied on the ground that appellant has failed to set 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