| MATTER OF JOYCE A. SHULENBURG V AMBER L. MANSFIELD SHANE L. RODRIGUEZ, AND MONROE COUNTY DEPARTMENT OF HUMAN SERVICES |
| Motion No: CAF 10-00780 |
| Slip Opinion No: 2010 NY Slip Op 70501(U) |
| Decided on May 3, 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 10-00780
DOCKET NO. V11435-09
| MATTER OF JOYCE A. SHULENBURG, PETITIONER-RESPONDENT, V AMBER
L. MANSFIELD, RESPONDENT-APPELLANT, SHANE L. RODRIGUEZ, AND MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,
RESPONDENTS. |
Petitioner-respondent having applied for permission to respond to the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on April 8, 2010, as a poor person, and for assignment of counsel,
Now, upon reading and filing the affidavit of Joyce Shulenburg, sworn to April 14, 2010, the notice of motion with proof of service thereof, the statement of Brett C. Granville, Esq., dated April 22, 2010, 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 non-parent petitioner in a custody proceeding (Family Court Act §§ 262, 1120 [a]), and
It is further ORDERED that the motion insofar as it seeks permission to respond to the appeal as a poor person is denied on the ground that petitioner would receive no effective relief from such an order.
Entered: May 3, 2010
PATRICIA L. MORGAN, Clerk