PRESENT: FAHEY, J.P., PERADOTTO, SCONIERS, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 11-02158
DOCKET NOS. V-02453-04/10D and V-06020-09/10A
DOCKET NOS. V-02453-04/10E and V-06020-09/10B

MATTER OF STEFAN R. MCDONALD, PETITIONER-APPELLANT, V MONIQUE S. TERRY, RESPONDENT-RESPONDENT. MATTER OF MONIQUE S. TERRY, PETITIONER-RESPONDENT, V STEFAN R. MCDONALD, RESPONDENT-APPELLANT.

An appeal having been taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on October 7, 2011, and respondent Monique S. Terry having moved for permission to respond to the appeal as a poor person and for assignment of counsel, and appellant having cross-moved for an order dismissing respondent's motion and for other relief,

Now, upon reading and filing the affidavit of Monique S. Terry, sworn to November 10, 2011, the notice of motion with proof of service thereof, the affidavit of Stefan R. McDonald, sworn to November 15, 2011, the affirmation of Stuart L. Levison, Esq., dated November 22, 2011, and the notice of cross-motion with proof of service thereof, and due deliberation having been had thereon,It is hereby ORDERED that respondent's motion is denied with leave to renew upon the submission of a new motion that includes an affidavit addressing the allegations contained in the affidavit of Stefan R. McDonald, sworn to November 15, 2011, and the affirmation of Stuart L. Levison, Esq., dated November 22, 2011, and setting forth respondent's gross monthly income from all sources, including income from her employment as an academic counselor at the University of Rochester's Edmund A. Hajim School of Engineering and Applied Sciences, as well as the method by which she meets her monthly financial obligations, and

It is further ORDERED that appellant's cross-motion is dismissed.

Entered: December 1, 2011

PATRICIA L. MORGAN, Clerk