| MATTER OF ELVIN BARBOSA V BERNICE RODRIGUEZ |
| Motion No: CAF 12-00779 |
| Slip Opinion No: 2012 NY Slip Op 74129(U) |
| Decided on May 16, 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: FAHEY, J.P., PERADOTTO, CARNI, SCONIERS, AND MARTOCHE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 12-00779
DOCKET NO. U-00021-00-11C
| MATTER OF ELVIN BARBOSA, PETITIONER-APPELLANT, V BERNICE
RODRIGUEZ, 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, Monroe County, entered in the Office of the Clerk of said Court on December 8, 2011,
Now, upon reading and filing the affidavit of Elvin Barbosa, sworn to April 23, 2012, the statement of Elvin Barbosa dated April 23, 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 party in a support modification 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 appeal (see CPLR 1101[a]).
Entered: May 16, 2012
FRANCES E. CAFARELL, Clerk