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

APPELLATE DIVISION DOCKET NO. CAF 15-00146
DOCKET NO. F01642-00-12C/E

MATTER OF ISIDRO FIGUEROA, JR., PETITIONER-APPELLANT, V ANNETTE FIGUEROA, 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, Wayne County, entered in the Office of the Clerk of said Court on March 21, 2014,

Now, upon reading and filing the certification of Mollie A. Dapolito, Esq., dated May 21, 2014, the affidavit of Isidro Figueroa, Jr., sworn to January 20, 2015, 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 (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 sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: February 9, 2015

FRANCES E. CAFARELL, Clerk