MATTER OF RICHARD H. LEWIS, JR. V PATRICIA A. GARNO MATTER OF RICHARD H. LEWIS, JR. V PATRICIA A. GARNO
Motion No: CAF 16-00400
Slip Opinion No: 2016 NY Slip Op 68874(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.


March 28, 2016

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

APPELLATE DIVISION DOCKET NO. CAF 16-00400
DOCKET NO. F-00153-13-15E
APPELLATE DIVISION DOCKET NO. CAF 16-00401
DOCKET NO. F-00153-13-15E

MATTER OF RICHARD H. LEWIS, JR., PETITIONER-APPELLANT,

V

PATRICIA A. GARNO, RESPONDENT-RESPONDENT.

MATTER OF RICHARD H. LEWIS, JR., PETITIONER-APPELLANT,

V

PATRICIA A. GARNO, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Oswego County, entered in the Office of the Clerk of said Court on January 25, 2016,

Now, upon reading and filing the affidavit of Richard H. Lewis, Jr., sworn to February 9, 2016, the statement of Courtney S. Radick, Esq., dated March 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 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: March 28, 2016

FRANCES E. CAFARELL, Clerk