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 September 12, 2012, the statement of Shawn Granger, dated September 12, 2012, the notice of motion with proof of service thereof, and the affidavit of Polly S. Eseltine, Esq., sworn to September 26, 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 on the ground that appellant has failed to set forth facts that demonstrate merit to the appeal (see CPLR 1101 [a]).

Entered: October 1, 2012

FRANCES E. CAFARELL, Clerk