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

APPELLATE DIVISION DOCKET NO. CAF 12-00775
DOCKET NO. F-00284-97-11F

MATTER OF JASON J. MONTO, PETITIONER-APPELLANT, V CHRISTA CAVALLO, RESPONDENT-RESPONDENT.

Petitioner-appellant having applied 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 March 21, 2012,

Now, upon reading and filing the certification of Piotr Banasiak, Esq., dated April 25, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the application 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 application 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 appellant 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: May 14, 2012

FRANCES E. CAFARELL, Clerk