| MATTER OF THOMAS R.O. V DEBBRA S. |
| Motion No: CAF 10-00778 |
| Slip Opinion No: 2010 NY Slip Op 70495(U) |
| Decided on April 29, 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: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00778
DOCKET NO. P-01400-09
| MATTER OF THOMAS R.O., PETITIONER-APPELLANT, V DEBBRA 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, Ontario County, entered in the Office of the Clerk of said Court on February 5, 2010,
Now, upon reading and filing the affidavit of Thomas O., sworn to March 26, 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 petitioner seeking to challenge 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: April 29, 2010
PATRICIA L. MORGAN, Clerk