PRESENT: MARTOCHE, J.P., SMITH, FAHEY, PERADOTTO, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-01951
DOCKET NO. F-00616-93-09I

MATTER OF TYRONE D. LOFTIN, PETITIONER-APPELLANT, V ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF ERIKA L. CONNER, 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 December 3, 2009,

Now, upon reading and filing the affidavit of Tyrone D. Loftin, sworn to September 17, 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