| MATTER OF HEATHER SHELLEY V VINCENT TESTA AND LISA BELL |
| Motion No: CAF 18-00723 |
| Slip Opinion No: 2018 NY Slip Op 90885(U) |
| Decided on October 16, 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, LINDLEY, CURRAN, AND TROUTMAN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 18-00723
DOCKET NO. V-3837-17
| MATTER OF HEATHER SHELLEY, PETITIONER-RESPONDENT, V VINCENT
TESTA, RESPONDENT-RESPONDENT, AND LISA BELL, 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, Onondaga County, entered in the Office of the Clerk of said Court on March 30, 2018,
Now, upon reading and filing the affidavit of Heather Shelley, sworn to August 13, 2018, the certification of Robert F. Rhinehart, Esq., dated September 11, 2018, 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 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.
Entered: October 16, 2018
MARK W. BENNETT, Clerk