| MATTER OF DAVID O. V DANA S. |
| Motion No: CAF 14-00116 |
| Slip Opinion No: 2014 NY Slip Op 63703(U) |
| Decided on February 6, 2014 |
| 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 14-00116
DOCKET NO. P-2084-12
| MATTER OF DAVID O., PETITIONER-APPELLANT, V DANA S.,
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, Ontario County, entered in the Office of the Clerk of said Court on November 20, 2013,
Now, upon reading and filing the affidavit of David O., sworn to January 7, 2014, the certification of Sarah Fifield, Esq., dated January 10, 2014, 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 the petitioner in a paternity 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 denied with leave to renew upon the submission of a motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: February 6, 2014
FRANCES E. CAFARELL, Clerk