| MATTER OF ELSWORTH WEAVER V PAMELA L. DURFEY AND ROBERT R. DURFEY |
| Motion No: CAF 11-00597 |
| Slip Opinion No: 2011 NY Slip Op 81934(U) |
| Decided on August 17, 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., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 11-00597
DOCKET NO. V-01340-10-10B
| MATTER OF ELSWORTH WEAVER, PETITIONER-APPELLANT, V PAMELA L.
DURFEY AND ROBERT R. DURFEY, 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, Niagara County, entered in the Office of the Clerk of said Court on February 17, 2011,
Now, upon reading and filing the affidavit of Elsworth L. Weaver, sworn to July 12, 2011, and 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 (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: August 17, 2011
PATRICIA L. MORGAN, Clerk