| MATTER OF CARL A.H. V ARNITA S. |
| Motion No: CAF 09-02460 |
| Slip Opinion No: 2009 NY Slip Op 92196(U) |
| Decided on December 16, 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 09-02460
DOCKET NO. P-04651-09
| MATTER OF CARL A.H., PETITIONER-APPELLANT, V ARNITA S.,
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, Monroe County, entered in the Office of the Clerk of said Court on November 16, 2009
Now, upon reading and filing the affidavit of Carl A.H., sworn to November 30, 2009, the notice of motion with proof of service thereof, the statement of Nicole A. Rossow, Esq., dated December 8, 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 on the ground that such relief is not authorized for a party seeking to vacate an acknowledgment of paternity (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: December 16, 2009
PATRICIA L. MORGAN, Clerk