MATTER OF ROSE M. GIBSON V THOMAS W. MURTAUGH, JR.
Motion No: CAF 14-02262
Slip Opinion No: 2016 NY Slip Op 71095(U)
Decided on April 20, 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.


April 20, 2016

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

APPELLATE DIVISION DOCKET NO. CAF 14-02262
DOCKET NO. F-00368-14-14A

MATTER OF ROSE M. GIBSON, PETITIONER-RESPONDENT,

V

THOMAS W. MURTAUGH, JR., RESPONDENT-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, Herkimer County, entered in the Office of the Clerk of said Court on November 18, 2014,

Now, upon reading and filing the affidavit of Rose Gibson, sworn to March 30, 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 granted.

Entered: April 20, 2016

FRANCES E. CAFARELL, Clerk