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

APPELLATE DIVISION DOCKET NO. CAF 10-02335
DOCKET NO. F-01266-10

MATTER OF NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF THERESA A. KEARNS, PETITIONER-RESPONDENT, V ROGER L. HUEBER, JR., 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, Niagara County, entered in the Office of the Clerk of said Court on November 10, 2010,

Now, upon reading and filing the affidavit of Roger L. Hueber, sworn to November 18, 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 granted, and

It is further ORDERED that the Clerk of the Family Court, Niagara County, provide Roger L. Hueber with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.

Entered: December 30, 2010

PATRICIA L. MORGAN, Clerk