PRESENT: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND DEJOSEPH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-01029
DOCKET NO. V-1742-06-14E

MATTER OF AMBER L. ORLOWSKI, PETITIONER-RESPONDENT, V CRYSTAL M. ZWACK AND JOHN J. ZWACK, RESPONDENTS-APPELLANTS. MICHAEL J. SULLIVAN, ESQ., ATTORNEY FOR THE CHILD, APPELLANT.

Petitioner-respondent 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, Cattaraugus County, entered in the Office of the Clerk of said Court on June 2, 2015,

Now, upon reading and filing the affidavit of Amber L. Orlowski, sworn to January 6, 2016, the notice of motion with proof of service thereof, the statement of M. Mark Howden, Esq., dated January 28, 2016, and the affirmation of Mary S. Hajdu, Esq., dated February 8, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew upon the submission of a new motion that includes an affidavit that addresses the discrepancies between petitioner-respondent's financial affidavit, sworn to January 6, 2016, and the trial testimony on the issue of her household income and assets, as detailed in the affirmation of Mary S. Hajdu, Esq., dated February 8, 2016, and a new financial affidavit that sets forth, among other things, the current gross monthly income of petitioner-respondent's spouse, specifying the employer or other source of income, and an itemized list of his assets, including, but not limited to, real estate and vehicles.

Entered: February 24, 2016

FRANCES E. CAFARELL, Clerk