| MATTER OF CARLENE MAHONEY V KRISTIN MAHONEY |
| Motion No: CAF 19-00171 |
| Slip Opinion No: 2019 NY Slip Op 63737(U) |
| Decided on February 19, 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 19-00171
DOCKET NO. V-14818-17
| MATTER OF CARLENE MAHONEY, PETITIONER-APPELLANT, V KRISTIN
MAHONEY, 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 November 1, 2018,
Now, upon reading and filing the papers with respect to the motion, 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 with leave to renew upon the submission of a new motion that includes, among other things, an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]).
Entered: February 19, 2019
MARK W. BENNETT, Clerk