| MATTER OF THERESA M.F. V REGIS E.L., II |
| Motion No: CAF 11-00652 |
| Slip Opinion No: 2011 NY Slip Op 70517(U) |
| Decided on April 18, 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 11-00652
DOCKET NO. P-17282-09
| MATTER OF THERESA M.F., PETITIONER-APPELLANT, V REGIS E.L., II,
RESPONDENT-RESPONDENT. |
Petitioner-appellant having applied 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, Erie County, entered in the Office of the Clerk of said Court on December 14, 2010,
Now, upon reading and filing the certification of Joseph J. Scinta, Jr., Esq., filed April 4, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the application 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 application insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: April 18, 2011
PATRICIA L. MORGAN, Clerk