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

DOCKET NO. CA 09-02041

IN THE MATTER OF THE TEMPORARY GUARDIANSHIP OF A CHILD WHOSE FIRST NAME IS IAN. LEROY HARNEY AND LYNN HARNEY, PETITIONERS-APPELLANTS; CHRISTOPHER BROWN AND THE ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS-RESPONDENTS.

Respondent Christopher Brown having moved for permission to respond to the appeal taken herein from an order of the Supreme Court, entered in the Office of the Clerk of the County of Oneida on September 28, 2009, as a poor person, and for assignment of counsel,

Now, upon reading and filing the affidavits of Christopher Brown sworn to March 1, 2010, the affirmation of William L. Koslosky, Esq. dated March 6, 2010, 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 on or before May 21, 2010, upon a showing of the amount and sources of the movant's income and that the movant is unable to pay the costs, fees, and expenses necessary to respond to the appeal (see CPLR 1101 [a]; Judiciary Law § 35 [1]; County Law § 722).

Memorandum: Movant has failed to show the amount and sources of his income because in paragraph 11 of his Affidavit in Support of the Motion for Poor Person & Related Relief (Poor Person Affidavit) sworn to March 1, 2010, he states that he is employed, but nowhere in his motion papers does he say how much money he is paid by his employer. In addition, movant's Financial Disclosure Affidavit sworn to March 1, 2010 conflicts with movant's Poor Person Affidavit because the Financial Disclosure Affidavit states that movant is unemployed.

Entered: April 21, 2010

Patricia L. Morgan, Clerk