MATTER OF KEITH S.C. V SHANTEDRA M. AND CARNELL J.S.
Motion No: CAF 14-00555
Slip Opinion No: 2014 NY Slip Op 70732(U)
Decided on April 23, 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.


April 23, 2014

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

APPELLATE DIVISION DOCKET NO. CAF 14-00555
DOCKET NO. P-03921-13

MATTER OF KEITH S.C., PETITIONER-APPELLANT,

V

SHANTEDRA M. AND CARNELL J.S., RESPONDENTS-RESPONDENTS.


Petitioner-appellant having applied 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, Monroe County, entered in the Office of the Clerk of said Court on February 4, 2014,

Now, upon reading and filing the certification of Timothy S. Davis, Esq., dated March 25, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the application 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 application insofar as it seeks permission to proceed as a poor person is 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: April 23, 2014

FRANCES E. CAFARELL, Clerk