| MATTER OF EDWARD H. TOUSEY V DAWN S. BUTLER |
| Motion No: CAF 18-02351 |
| Slip Opinion No: 2019 NY Slip Op 62930(U) |
| Decided on January 15, 2019 |
| 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., PERADOTTO, CARNI, NEMOYER, AND TROUTMAN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 18-02351
DOCKET NO. F-00836-09-18,C, D, E
| MATTER OF EDWARD H. TOUSEY, PETITIONER-APPELLANT, V DAWN S.
BUTLER, 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, Wayne County, entered in the Office of the Clerk of said Court on August 17, 2018,
Now, upon reading and filing the affidavit of Edward H. Tousey, sworn to November 19, 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 denied on the ground that the facts set forth by appellant fail to demonstrate merit to the appeal.
Entered: January 15, 2019
MARK W. BENNETT, Clerk