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

APPELLATE DIVISION DOCKET NO. CAF 11-00565
DOCKET NO. F-00940-09-10A

MATTER OF ROBERT P. DRIGGS, III, PETITIONER-APPELLANT, V JENNIFER S. DAVIS, 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, Genesee County, entered in the Office of the Clerk of said Court on December 9, 2010, and for assignment of counsel,

Now, upon reading and filing the affidavit of Robert P. Driggs, III, sworn to March 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 seeking to vacate the registration of a child support order (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, Genesee County, provide Robert P. Driggs, III, 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 31, 2011

PATRICIA L. MORGAN, Clerk