MATTER OF ANGEL S. V SHANTEL S.
Motion No: CAF 12-01407
Slip Opinion No: 2012 NY Slip Op 81646(U)
Decided on August 13, 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.


August 13, 2012

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

APPELLATE DIVISION DOCKET NO. CAF 12-01407
DOCKET NO. S-14349-11

MATTER OF ANGEL S., PETITIONER-APPELLANT,

V

SHANTEL S., 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, Monroe County, entered in the Office of the Clerk of said Court on March 23, 2012,

Now, upon reading and filing the certification of Leah K. Bourne, Esq., dated June 27, 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 (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 denied with leave to renew upon the submission of a new application that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: August 13, 2012

FRANCES E. CAFARELL, Clerk