MATTER OF JOSEPH CHENEY V PATRICIA CHENEY
Motion No: CAF 13-00347
Slip Opinion No: 2013 NY Slip Op 66543(U)
Decided on March 4, 2013
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.


March 4, 2013

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

APPELLATE DIVISION DOCKET NO. CAF 13-00347
DOCKET NO. V-01325-06-11C-E

MATTER OF JOSEPH CHENEY, PETITIONER-RESPONDENT,

V

PATRICIA CHENEY, 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, Erie County, entered in the Office of the Clerk of said Court on January 7, 2013,

Now, upon reading and filing the affidavit of Patricia M. Cheney, sworn to January 30, 2013, the notice of motion with proof of service thereof, and the affirmation of Deanne M. Tripi, Esq., dated February 28, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew upon the submission of a new motion that includes an affidavit setting forth in detail appellant's gross monthly income from all sources, including income received from her employment at Dove Medical and as a licensed realtor, with the income from each source being separately listed.

Entered: March 4, 2013

FRANCES E. CAFARELL, Clerk