| MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF JOANNE BIGGINS V VALERIE CIULIS |
| Motion No: CAF 16-01812 |
| Slip Opinion No: 2016 NY Slip Op 89752(U) |
| Decided on October 24, 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 16-01812
DOCKET NO. F-18589-06-16C
| MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF
JOANNE BIGGINS, PETITIONER-RESPONDENT, V VALERIE CIULIS, RESPONDENT-APPELLANT. |
Respondent-appellant having applied 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 August 2, 2016,
Now, upon reading and filing the certification of Patricia M. McGrath, Esq., dated September 19, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the application 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 application insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a motion that includes, among other things, an affidavit setting forth appellant's current income, assets and financial obligations as well as sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: October 24, 2016
FRANCES E. CAFARELL, Clerk