MATTER OF ALSTON C.
Motion No: CAF 09-01387
Slip Opinion No: 2009 NY Slip Op 82280(U)
Decided on August 31, 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.


August 31, 2009

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

APPELLATE DIVISION DOCKET NO. CAF 09-01387
DOCKET NO. NA-222-08

MATTER OF ALSTON C.



CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES,

PETITIONER-RESPONDENT;

FREDERICK C., RESPONDENT-APPELLANT.


Respondent-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, Cattaraugus County, entered in the Office of the Clerk of said Court on June 15, 2009,

Now, upon reading and filing the affidavit of Frederick C., sworn to July 27, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew upon the submission of a new motion that includes an affidavit describing appellant's current living arrangements and the method by which he supports himself.

Entered: August 31, 2009

PATRICIA L. MORGAN, Clerk