| MATTER OF JOHN EATON AND MARK TAVANI V CHRISTOPHER P. BOSSE |
| Motion No: CAF 11-02504 |
| Slip Opinion No: 2012 NY Slip Op 74766(U) |
| Decided on May 30, 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 NO. CAF 11-02504
DOCKET NO. V-00260-11
| MATTER OF JOHN EATON AND MARK
TAVANI, PETITIONERS-RESPONDENTS, V CHRISTOPHER P. BOSSE, RESPONDENT-APPELLANT. |
Petitioner-respondent Mark Tavani 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, Jefferson County, entered in the Office of the Clerk of said Court on November 23, 2011,
Now, upon reading and filing the affidavit of Mark A. Tavani, sworn to May 14, 2012, the notice of motion with proof of service thereof, and the affidavit of John L. Sabik, Esq., sworn to May 22, 2012, 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 petitioner-respondent would receive no effective relief from such an order.
Entered: May 30, 2012
FRANCES E. CAFARELL, Clerk