| MATTER OF DAVID V. VAN WAGNER V HEATHER M. PROULX |
| Motion No: CAF 13-01363 |
| Slip Opinion No: 2013 NY Slip Op 84303(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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 13-01363
DOCKET NO. F-03088-09-13D
| MATTER OF DAVID V. VAN WAGNER,
PETITIONER-APPELLANT, V HEATHER M. PROULX, 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, Oswego County, entered in the Office of the Clerk of said Court on July 11, 2013,
Now, upon reading and filing the affidavit of David V. Van Wagner, sworn to July 28, 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 denied with leave to renew upon the submission of a new motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: August 29, 2013
FRANCES E. CAFARELL, Clerk