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

APPELLATE DIVISION DOCKET NO. CAF 14-01728
DOCKET NO. P-00993-13

MATTER OF TERRY L.H., PETITIONER-APPELLANT, V MICHAEL E.D. (DECEASED), 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, Cayuga County, entered in the Office of the Clerk of said Court on July 30, 2014,

Now, upon reading and filing the affidavit of Terry H., sworn to September 2, 2014, the notice of motion with proof of service thereof, and the affidavit of John P. McLane, Esq., sworn to October 1, 2014, 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 is denied with leave to renew upon the submission of a new motion that includes an affidavit setting forth appellant's gross monthly income from all sources, including the daycare she provides in her home, the method by which she supports herself and meets her financial obligations, and sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: October 6, 2014

FRANCES E. CAFARELL, Clerk