| MATTER OF MICHAEL SMITH V HEATHER STEPHAN |
| Motion No: CAF 10-01049 |
| Slip Opinion No: 2010 NY Slip Op 75118(U) |
| Decided on June 21, 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: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-01049
DOCKET NO. F-1891-06
| MATTER OF MICHAEL SMITH, PETITIONER-APPELLANT, V HEATHER
STEPHAN, RESPONDENT-RESPONDENT. |
Petitioner-appellant having applied 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, Cattaraugus County, entered in the Office of the Clerk of said Court on February 8, 2010,
Now, upon reading and filing the certification of Jessica L. Anderson, Esq., dated May 12, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the application 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 [a]), and
It is further ORDERED that the application insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: June 21, 2010
PATRICIA L. MORGAN, Clerk