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

APPELLATE DIVISION DOCKET NO. CAF 10-01383
DOCKET NO. F-317-10

MATTER OF MELISSA A. JOHN, PETITIONER-RESPONDENT, V JERRY J. TORRES, SR., RESPONDENT-APPELLANT.

Respondent-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, Cattaraugus County, entered in the Office of the Clerk of said Court on May 14, 2010,

Now, upon reading and filing the affidavit of Jerry Torres, Sr., sworn to June 14, 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 party in a proceeding to establish child support (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]), and

It is further ORDERED that the notice of appeal filed June 16, 2010, shall be treated as valid as to the order of Family Court entered May 14, 2010.

Entered: July 12, 2010

PATRICIA L. MORGAN, Clerk