| MATTER OF DEBORAH J. KILLABY V LAWRENCE P. LEE |
| Motion No: CAF 17-01422 |
| Slip Opinion No: 2017 NY Slip Op 92265(U) |
| Decided on November 2, 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 17-01422
DOCKET NO. V-00669-16-16A
| MATTER OF DEBORAH J. KILLABY,
PETITIONER-RESPONDENT, V LAWRENCE P. LEE, RESPONDENT-APPELLANT. |
Petitioner-respondent 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, Wayne County, entered in the Office of the Clerk of said Court on July 24, 2017,
Now, upon reading and filing the affidavit of Deborah Killaby, sworn to September 7, 2017, the notice of motion with proof of service thereof, and the statement of Erin M. Hammond, Esq., dated October 20, 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 granted and petitioner-respondent may submit ten copies of her brief reproduced in accordance with CPLR 5529.
Entered: November 2, 2017
MARK W. BENNETT, Clerk