| MATTER OF YVONNE BAILEY-LYNCH V TAHJMA LYNCH |
| Motion No: CAF 17-01166 |
| Slip Opinion No: 2017 NY Slip Op 79467(U) |
| Decided on July 3, 2017 |
| 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 17-01166
DOCKET NO. V-15240-15
| MATTER OF YVONNE BAILEY-LYNCH, PETITIONER-APPELLANT, V TAHJMA
LYNCH, RESPONDENT-RESPONDENT. |
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, Erie County, entered in the Office of the Clerk of said Court on June 8, 2017,
Now, upon reading and filing the certification of Lana V. Tupchik, Esq., dated June 12, 2017, 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, and sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
Entered: July 3, 2017
FRANCES E. CAFARELL, Clerk