| MATTER OF JOHN MURTARI V HIROMI SUMIYA |
| Motion No: CAF 10-00134 |
| Slip Opinion No: 2010 NY Slip Op 67831(U) |
| Decided on February 23, 2010 |
| 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: PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00134
DOCKET NO. F-00446-09-09A
| MATTER OF JOHN MURTARI, PETITIONER-APPELLANT, V HIROMI SUMIYA,
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, Wayne County, entered in the Office of the Clerk of said Court on November 23, 2009, and for other relief,
Now, upon reading and filing the affidavit of John Murtari, sworn to January 19, 2010, 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), and
It is further ORDERED that the motion is in all others respects denied.
Entered: February 23, 2010
PATRICIA L. MORGAN, Clerk