| MATTER OF SHAWN G. GRANGER V DANIELLE D. MISERCOLA |
| Motion No: CAF 12-01451 |
| Slip Opinion No: 2012 NY Slip Op 83347(U) |
| Decided on August 27, 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 12-01451
DOCKET NO. F-03425-08-11C
| MATTER OF SHAWN G. GRANGER,
PETITIONER-APPELLANT, V DANIELLE D. MISERCOLA, 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, Jefferson County, entered in the Office of the Clerk of said Court on July 18, 2012,
Now, upon reading and filing the affidavit of Shawn Granger, sworn to August 1, 2012, the notice of motion with proof of service thereof, the affidavit of Polly S. Eseltine, Esq., sworn to August 8, 2012, and the affidavit of Shawn Granger, sworn to August 16, 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 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 with leave to renew upon the submission of a new motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: August 27, 2012
FRANCES E. CAFARELL, Clerk