| MATTER OF JUANITA AIKENS V KENNETH MARK NELL . |
| Motion No: CAF 11-00222 |
| Slip Opinion No: 2011 NY Slip Op 64330(U) |
| Decided on February 14, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 11-00222
DOCKET NO. F-01472-06
| MATTER OF JUANITA AIKENS, PETITIONER-APPELLANT, V KENNETH MARK
NELL, RESPONDENT, RESPONDENT. |
Petitioner-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on January 4, 2011, and for assignment of counsel,
Now, upon reading and filing the affidavit of Juanita Aikens, sworn to January 28, 2011, 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 the petitioner in a paternity proceeding (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 a description of the real estate owned by the appellant and its value, as well as sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: February 14, 2011
PATRICIA L. MORGAN, Clerk