MATTER OF JUANITA AIKENS V KENNETH MARK NELL .
Motion No: CAF 11-00222
Slip Opinion No: 2011 NY Slip Op 67715(U)
Decided on March 21, 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.


March 21, 2011

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 February 18, 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, 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, Ontario County, provide Juanita Aikens 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 21, 2011

PATRICIA L. MORGAN, Clerk