MATTER OF DAVID V. VAN WAGNER V HEATHER M. PROULX
Motion No: CAF 13-01363
Slip Opinion No: 2013 NY Slip Op 91986(U)
Decided on November 18, 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.


November 18, 2013

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 affidavits of David V. Van Wagner, sworn to September 12, 2013, and October 8, 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, 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, Oswego County, provide David V. Van Wagner 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: November 18, 2013

FRANCES E. CAFARELL, Clerk