MATTER OF GERALDINE COWELL V DESIREE M. HUTCHINSON AND NICHOLAS C. KINGDOLLAR
Motion No: CAF 15-00497
Slip Opinion No: 2015 NY Slip Op 72964(U)
Decided on May 11, 2015
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.


May 11, 2015

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

APPELLATE DIVISION DOCKET NO. CAF 15-00497
DOCKET NO. V-00301-14

MATTER OF GERALDINE COWELL, PETITIONER-APPELLANT,

V

DESIREE M. HUTCHINSON AND NICHOLAS C. KINGDOLLAR,

RESPONDENTS-RESPONDENTS.



MARY ANN BLIZNIK, ESQ., ATTORNEY FOR THE CHILD,

APPELLANT.


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, Genesee County, entered in the Office of the Clerk of said Court on January 12, 2015,

Now, upon reading and filing the affidavit of Geraldine Cowell, sworn to April 21, 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, among other things, an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: May 11, 2015

FRANCES E. CAFARELL, Clerk