MATTER OF DOREEN E. HENDERSON V JOSHUA D. BARBER, CRYSAL J. QUINN, AND JANIS A. PETERS
Motion No: CAF 17-02170
Slip Opinion No: 2017 NY Slip Op 96260(U)
Decided on December 18, 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.


December 18, 2017

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

APPELLATE DIVISION DOCKET NO. CAF 17-02170
DOCKET NO. V-00392-17

MATTER OF DOREEN E. HENDERSON, PETITIONER-APPELLANT,

V

JOSHUA D. BARBER, CRYSAL J. QUINN, AND

JANIS A. PETERS, RESPONDENTS-RESPONDENTS.


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, Wayne County, entered in the Office of the Clerk of said Court on October 31, 2017,

Now, upon reading and filing the certification of Robert DiNieri, Esq., dated November 29, 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: December 18, 2017

MARK W. BENNETT, Clerk