| MATTER OF MAXIMINO ESTRADA V TAMARA R. SAMUELS |
| Motion No: CAF 10-01877 |
| Slip Opinion No: 2010 NY Slip Op 86325(U) |
| Decided on October 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: SCUDDER, P.J., FAHEY, SCONIERS, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-01877
DOCKET NO. F-1391-02-09B
| MATTER OF MAXIMINO ESTRADA, PETITIONER-APPELLANT, V TAMARA R.
SAMUELS, 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, Onondaga County, entered in the Office of the Clerk of said Court on March 16, 2010,
Now, upon reading and filing the affidavit of Maximino Estrada, sworn to July 20, 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 [a]), and
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 demonstrate that there is merit to the appeal (see CPLR § 1101 [a]; 22 NYCRR 1000.14 [a] [2]).
Entered: October 21, 2010
PATRICIA L. MORGAN, Clerk