MATTER OF DENISE SMITH V ERIE COUNTY CHILDREN'S SERVICES
Motion No: CAF 16-00171
Slip Opinion No: 2016 NY Slip Op 84185(U)
Decided on August 23, 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.


August 23, 2016

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

APPELLATE DIVISION DOCKET NO. CAF 16-00171
DOCKET NO. V-18440-15

MATTER OF DENISE SMITH, PETITIONER-APPELLANT,

V

ERIE COUNTY CHILDREN'S SERVICES, 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, Erie County, entered in the Office of the Clerk of said Court on December 23, 2015,

Now, upon reading and filing the affidavit of Denise D. Smith, sworn to August 9, 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 permission to proceed as a poor person is dismissed on the ground that such relief was granted by order entered February 8, 2016, and

It is further ORDERED that the motion insofar as it seeks the assignment of counsel is denied.

Entered: August 23, 2016

FRANCES E. CAFARELL, Clerk