| MATTER OF ASHLEY N.E. V DAVID T.W. |
| Motion No: CAF 16-00374 |
| Slip Opinion No: 2016 NY Slip Op 68859(U) |
| Decided on March 28, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 16-00374
DOCKET NO. P-01095-15
| MATTER OF ASHLEY N.E., PETITIONER-APPELLANT, V DAVID T.W.,
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, Cayuga County, entered in the Office of the Clerk of said Court on November 6, 2015,
Now, upon reading and filing the affidavit of Ashley N.E., sworn to January 11, 2016, 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 an 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: March 28, 2016
FRANCES E. CAFARELL, Clerk