| MATTER OF FE MARIANN CARROLL-SCHNITTER, V JAMES SCHNITTER, . |
| Motion No: NOS. CAF 12-00023 AND CAF 12-00024 |
| Slip Opinion No: 2012 NY Slip Op 62926(U) |
| Decided on January 24, 2012 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
APPELLATE DIVISION DOCKET NOS. CAF 12-00023 AND CAF 12-00024
DOCKET NO. F-10225-10-11C & B
| MATTER OF FE MARIANN
CARROLL-SCHNITTER, PETITIONER-APPELLANT-RESPONDENT, V JAMES SCHNITTER,
RESPONDENT-RESPONDENT-APPELLANT. |
Appeals having been taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on December 5, 2011, and Fe Mariann Carroll-Schnitter having moved for permission to appeal as a poor person and for assignment of counsel to conduct her appeal, and for other relief,
Now, upon reading and filing the affidavit of Fe Marian Carroll-Schnitter, sworn to December 14, 2011, the statement of Eric W. Stowe, Esq., filed December 28, 2011, the notice of motion with proof of service thereof, and the affidavit of James Schnitter, sworn to January 13, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks the assignment of counsel to conduct the appeal taken by Fe Mariann Carroll-Schnitter (CAF 12-00023) is denied on the ground that such relief is not authorized (see Family Court Act §§ 262, 1120 [a]), and
It is further ORDERED that the motion insofar as it seeks permission for Fe Mariann Carroll-Schnitter to appeal 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]; 22 NYCRR 1000.14 [a] [2]), and
It is further ORDERED that with regard to the appeal taken by James Schnitter (CAF 12-00024), Fe Mariann Carroll-Schnitter is granted permission to respond as a poor person and the assignment of counsel, and
It is further ORDERED that Timothy P. Donaher, Esq., Monroe County Public Defender, 10 North Fitzhugh Street, Rochester, New York 14614, is hereby assigned as counsel for Fe Mariann Carroll-Schnitter to respond to the appeal taken by James Schnitter, and may submit ten copies of the responsive brief reproduced in accordance with CPLR 5529.
Entered: January 24, 2012
FRANCES E. CAFARELL, Clerk