MATTER OF JOSEPH E. LENHART V ALMONDIE M. SHAMPINE
Motion No: CAF 13-01352
Slip Opinion No: 2013 NY Slip Op 84298(U)
Decided on August 29, 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.


August 29, 2013

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

APPELLATE DIVISION DOCKET NO. CAF 13-01352
DOCKET NO. F-02665-09-12D, F

MATTER OF JOSEPH E. LENHART, PETITIONER-RESPONDENT,

V

ALMONDIE M. SHAMPINE, 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, Oneida County, entered in the Office of the Clerk of said Court on April 22, 2013,

Now, upon reading and filing the affidavit of Almondie Shampine, sworn to June 14, 2013, 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 (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 Almondie M. Shampine, 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: August 29, 2013

FRANCES E. CAFARELL, Clerk