| MATTER OF ROBERT STRADE V JANINE STRADE |
| Motion No: CAF 17-01802 |
| Slip Opinion No: 2018 NY Slip Op 63693(U) |
| Decided on February 7, 2018 |
| 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 17-01802
DOCKET NO. F-6584-10-16E
| MATTER OF ROBERT STRADE, PETITIONER-APPELLANT, V JANINE STRADE,
RESPONDENT-RESPONDENT. |
Petitioner-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 September 26, 2017,
Now, upon reading and filing the affidavit of Robert Strade, sworn to December 19, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks the assignment of counsel is denied (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 on the ground that appellant's affidavit failed to set forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]).
Entered: February 7, 2018
MARK W. BENNETT, Clerk