| MATTER OF KELLY C. V JENNIFER D., DANIEL R., SR., AND LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES |
| Motion No: CAF 11-00698 |
| Slip Opinion No: 2011 NY Slip Op 73881(U) |
| Decided on May 23, 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 11-00698
DOCKET NO. NN-0360-10-10A, V-001403-04/10J
| MATTER OF KELLY C., PETITIONER-APPELLANT, V JENNIFER D., DANIEL R.,
SR., AND LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS-RESPONDENTS. |
Petitioner-appellant having moved 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, Livingston County, entered in the Office of the Clerk of said Court on February 18, 2011,
Now, upon reading and filing the affidavit of Kelly C., sworn to January 19, 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 (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 23, 2011
PATRICIA L. MORGAN, Clerk