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

APPELLATE DIVISION DOCKET NO. CAF 16-01744
DOCKET NO. F-2593-12-15C

MATTER OF DARIO R. PEREZ, PETITIONER-APPELLANT, V KARIN C. JOHNSON, 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, Steuben County, entered in the Office of the Clerk of said Court on April 25, 2016,

Now, upon reading and filing the affidavits of Dario Perez, sworn to August 3, 2016, and September 29, 2016, the notice of motion with proof of service thereof, and the affidavit of Alan P. Reed, Esq., sworn to October 4, 2016, 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 motion that includes, among other things, an affidavit setting forth the method by which appellant meets his financial obligations as well as sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).

Entered: October 17, 2016

FRANCES E. CAFARELL, Clerk