| MATTER OF WENDY R. FISHER V JUSTIN C. HOFERT |
| Motion No: CAF 15-00841 |
| Slip Opinion No: 2015 NY Slip Op 75828(U) |
| Decided on June 4, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 15-00841
DOCKET NO. F-00588-10-14B
| MATTER OF WENDY R. FISHER, PETITIONER-RESPONDENT, V JUSTIN C.
HOFERT, RESPONDENT-APPELLANT. |
Respondent-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 April 13, 2015,
Now, upon reading and filing the affidavit of Justin C. Hofert, sworn to May 7, 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 the method by which appellant supports himself and meets his financial obligations.
Entered: June 4, 2015
FRANCES E. CAFARELL, Clerk