MATTER OF MARDEE S. INGHAM V CARWELL FLOWERS
Motion No: CAF 12-01306
Slip Opinion No: 2012 NY Slip Op 82239(U)
Decided on August 15, 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 15, 2012

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

APPELLATE DIVISION DOCKET NO. CAF 12-01306
DOCKET NO. F-00378-08-11B

MATTER OF MARDEE S. INGHAM, PETITIONER-RESPONDENT,

V

CARWELL FLOWERS, RESPONDENT-APPELLANT.


Respondent-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 June 14, 2012,

Now, upon reading and filing the affidavit of Carwell Flowers, sworn to July 2, 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 proceeding to establish child support (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: August 15, 2012

FRANCES E. CAFARELL, Clerk