PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

APPELLATE DIVISION DOCKET NO. CAF 11-01798
DOCKET NO. V-19946-10, V-19947-10
APPELLATE DIVISION DOCKET NO. CAF 12-00048
DOCKET NO. V-19943-10, V-19944-10

MATTER OF DENISE SMITH, PETITIONER-APPELLANT, V SHAWNTAI MACLIN, RESPONDENT-RESPONDENT. MATTER OF DENISE SMITH, PETITIONER-APPELLANT, V DOREAN GERMAN, RESPONDENT-RESPONDENT.

Petitioner-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Erie County, entered in the Office of the Clerk of said Court on August 11, 2011, and for other relief,

Now, upon reading and filing the affidavit of Denise Smith, sworn to December 22, 2011, the statement of Denise Smith dated October 27, 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 non-parent petitioner in a custody 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 on the ground that appellant has failed to set forth facts that demonstrate merit to the appeals (see CPLR § 1101[a]), and

It is further ORDERED that the appeals be consolidated.

Entered: January 19, 2012

FRANCES E. CAFARELL, Clerk