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

APPELLATE DIVISION DOCKET NO. CAF 11-00914
DOCKET NO. NN-00121-09-10A
DOCKET NO. V-00207-07-10B

MATTER OF ANGELLYNN S.H.W. MATTER OF CHARLES V., SR., AND DEBRA A.V., PETITIONERS-APPELLANTS; VIVAN N.V., RESPONDENT-APPELLANT, AND ALLEGANY COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENT-RESPONDENT. ———————————————& mdash;—————————————————————&m dash;————————- MATTER OF CHARLES V., SR., AND DEBRA A.V., PETITIONERS-APPELLANTS, V VIVAN N.V., RESPONDENT-APPELLANT, AND ALLEGANY COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENT-RESPONDENT.

Petitioners-appellants having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Allegany County, entered in the Office of the Clerk of said Court on April 7, 2011, and for assignment of counsel,

Now, upon reading and filing the affidavit of Charles V., Sr., sworn to

April 29, 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 denied on the ground that such relief is not authorized (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 sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: May 16, 2011

PATRICIA L. MORGAN, Clerk