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

APPELLATE DIVISION DOCKET NO. CAF 11-02228
DOCKET NO. F-10323-08-11C

MATTER OF BORN I. DIVINE, PETITIONER-APPELLANT, V ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF SABRINA M. BUSH, RESPONDENT-RESPONDENT.

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, Onondaga County, entered in the Office of the Clerk of said Court on September 19, 2011,

Now, upon reading and filing the affidavit of Born Divine, sworn to October 4, 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 granted, and

It is further ORDERED that the Clerk of the Family Court, Onondaga County, provide Born I. Divine with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.

Entered: November 21, 2011

PATRICIA L. MORGAN, Clerk