MATTER OF CRISTAL FITTS V ERIE COUNTY CHILDREN'S SERVICES
Motion No: CAF 10-00756
Slip Opinion No: 2010 NY Slip Op 72031(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.


May 18, 2010

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

APPELLATE DIVISION DOCKET NO. CAF 10-00756
DOCKET NO. V-02441-09
DOCKET NO. V-02444-09

MATTER OF CRISTAL FITTS, PETITIONER-APPELLANT,

V

ERIE COUNTY CHILDREN'S SERVICES,

RESPONDENT-RESPONDENT.



MATTER OF CRISTAL FITTS, PETITIONER-APPELLANT,

V

KETTA ROSE, 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, Erie County, entered in the Office of the Clerk of said Court on February 22, 2010,

Now, upon reading and filing the affidavit of Cristal Fitts, sworn to March 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 is denied.

Memorandum: Assignment of counsel is not authorized (see Family Court Act §§ 262, 1120 [a]); appellant's application for permission to proceed as a poor person does not include an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: May 18, 2010

PATRICIA L. MORGAN, Clerk