| IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT |
| Motion No: CA 16-01819 |
| Slip Opinion No: 2016 NY Slip Op 92925(U) |
| Decided on November 29, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-01819
DOCKET NO. CA 16-01820
| IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR
LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT MCCARTHY AND DILLAN LEONARD MCCARTHY, PETITIONER-RESPONDENT; DANIEL W.
DEPERNO, RESPONDENT-APPELLANT. IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES
TO DOMINIC ROBERT MCCARTHY AND DILLAN LEONARD MCCARTHY, PETITIONER-RESPONDENT; DANIEL W. DEPERNO,
RESPONDENT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 30, 2016, and June 30, 2016,
Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to October 4, 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 denied on the ground that the facts set forth by appellant fail to demonstrate merit to the appeals, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.
Memorandum: Assignment of counsel is not available.
Entered: November 29, 2016
Frances E. Cafarell, Clerk