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

APPELLATE DIVISION DOCKET NO. CAF 17-01802
DOCKET NO. F-6584-10-16E

MATTER OF ROBERT STRADE, PETITIONER-APPELLANT, V JANINE STRADE, 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 September 26, 2017,

Now, upon reading and filing the certification of Tara A. Midlik, Esq., dated October 12, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal filed October 12, 2017, shall be treated as valid as to the order of Family Court entered September 26, 2017, under Family Court Docket No. F-6584-10/16E, and

It is further 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 household income, assets and financial obligations, and sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]).

Entered: November 6, 2017

MARK W. BENNETT, Clerk