MATTER OF FREDERICK A. V AERIAL A., AND ANTWOIN A.
Motion No: CAF 14-01798
Slip Opinion No: 2014 NY Slip Op 88270(U)
Decided on October 20, 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.


October 20, 2014

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

APPELLATE DIVISION DOCKET NO. CAF 14-01798
DOCKET NO. P-10170-13

MATTER OF FREDERICK A., PETITIONER-APPELLANT,

V

AERIAL A., AND ANTWOIN A., 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 August 20, 2014,

Now, upon reading and filing the certification of Paloma A. Capanna, Esq., dated October 3, 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: October 20, 2014

FRANCES E. CAFARELL, Clerk