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

APPELLATE DIVISION DOCKET NO. CAF 11-00344
DOCKET NO. F-000379-10

MATTER OF IRINA TUR, PETITIONER-RESPONDENT, V ANATOLIY LYUBEZHANIN, RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Herkimer County, entered in the Office of the Clerk of said Court on September 20, 2010, and for assignment of counsel,

Now, upon reading and filing the affidavit of Anatoliy Lyubezhanin, sworn to January 14, 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 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, Herkimer County, provide Anatoliy Lyubezhanin 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: March 7, 2011

PATRICIA L. MORGAN, Clerk