MATTER OF BENJAMIN M.B. V REANNON A.B., AND JAMES B.
Motion No: CAF 16-01726
Slip Opinion No: 2016 NY Slip Op 90330(U)
Decided on November 1, 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.


November 1, 2016

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

APPELLATE DIVISION DOCKET NO. CAF 16-01726
DOCKET NO. P-00016-15

MATTER OF BENJAMIN M.B., PETITIONER-APPELLANT,

V

REANNON A.B., AND JAMES B., RESPONDENTS-RESPONDENTS.


Petitioner-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, Oswego County, entered in the Office of the Clerk of said Court on September 2, 2016,

Now, upon reading and filing certification of Samuel J. Sugar, Esq., dated September 26, 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: November 1, 2016

FRANCES E. CAFARELL, Clerk