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

APPELLATE DIVISION DOCKET NO. CAF 12-00230
DOCKET NO. V-00972-11

MATTER OF AMANDA RAWLEIGH, PETITIONER-APPELLANT, V ALICIA D. NORTON, 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, Livingston County, entered in the Office of the Clerk of said Court on January 10, 2012,

Now, upon reading and filing the affidavit of Amanda Rawleigh, sworn to January 30, 2012, 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 nonparent petitioner in a custody or visitation 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 setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: February 21, 2012

FRANCES E. CAFARELL, Clerk