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

APPELLATE DIVISION DOCKET NO. CAF 17-01647
DOCKET NO. F-05050-15

MATTER OF THOMAS A. RAPP, PETITIONER-RESPONDENT, V PAMELA A. HORBETT, RESPONDENT-APPELLANT.

Respondent-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, Erie County, entered in the Office of the Clerk of said Court on June 16, 2017,

Now, upon reading and filing the affidavit of Pamela A. Horbett, sworn to September 15, 2017, the notice of motion with proof of service thereof, and the affidavit of Joan Casilio Adams, Esq., sworn to September 29, 2017, 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 sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]).

Entered: October 3, 2017

MARK W. BENNETT, Clerk