| MATTER OF WILLIAM H. CARTER, JR. V JANE M. RHODES |
| Motion No: CAF 10-00940 |
| Slip Opinion No: 2010 NY Slip Op 72028(U) |
| Decided on May 18, 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., CENTRA, CARNI, LINDLEY, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00940
DOCKET NO. F-00775-87-08AD
| MATTER OF WILLIAM H. CARTER, JR., PETITIONER-APPELLANT, V JANE M.
RHODES, 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, Niagara County, entered in the Office of the Clerk of said Court on August 13, 2009
Now, upon reading and filing the affidavits of William Carter, sworn to February 11, 2010 and April 7, 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 (see Family Court Act §§ 262, 1120),
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied on the ground that appellant has failed to set forth facts that demonstrate merit to the appeal (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).
Entered: May 18, 2010
PATRICIA L. MORGAN, Clerk