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

APPELLATE DIVISION DOCKET NO. CAF 12-01896
DOCKET NO. F-00220-12-12A

MATTER OF SHANE D. O'BRIEN, PETITIONER-APPELLANT, V THOMAS DIXON, 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, Wyoming County, entered in the Office of the Clerk of said Court on September 20, 2012,

Now, upon reading and filing the affidavits of Shane O'Brien, sworn to September 26, 2012, and October 9, 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 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 granted, and

It is further ORDERED that the Clerk of the Family Court, Wyoming County, provide Shane D. O'Brien, with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.

Entered: October 22, 2012

FRANCES E. CAFARELL, Clerk