PRESENT: CENTRA, J.P., CARNI, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-00901
DOCKET NOS. F-00240-14/14A, F-01046-14

MATTER OF STEVEN M. GERHARDT, PETITIONER-APPELLANT, V MELISSA S. BAKER, 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, Livingston County, entered in the Office of the Clerk of said Court on September 17, 2014,

Now, upon reading and filing the affidavit of Steven M. Gerhardt, sworn to May 22, 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]), and

It is further ORDERED that the notice of appeal filed January 16, 2015, shall be treated as valid as to the order of Family Court entered December 19, 2014.

Entered: June 22, 2015

FRANCES E. CAFARELL, Clerk