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

APPELLATE DIVISION DOCKET NO. CAF 13-00610
DOCKET NO. F-00598-03-12L

MATTER OF KEVIN M. MANOLESCU, PETITIONER-APPELLANT, V DONNA L. MANOLESCU, 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, Oneida County, entered in the Office of the Clerk of said Court on October 3, 2012,

Now, upon reading and filing the affidavits of Kevin M. Manolescu, sworn to January 30, 2013, and March 18, 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, Oneida County, provide Kevin M. Manolescu, 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: April 22, 2013

FRANCES E. CAFARELL, Clerk