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

APPELLATE DIVISION DOCKET NO. CAF 11-02172
DOCKET NO. F-01813-06-10E

MATTER OF CORRINE MURDOCK, PETITIONER-RESPONDENT, V KENNEDY HYDE, RESPONDENT-APPELLANT.

Respondent-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, Oneida County, entered in the Office of the Clerk of said Court on July 11, 2011,

Now, upon reading and filing the affidavit of Kennedy Hyde, sworn to August 30, 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 on the ground that such relief is not authorized for a party in a support modification proceeding (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 describing appellant's current living arrangements and the method by which he supports himself and setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: November 7, 2011

PATRICIA L. MORGAN, Clerk