RICHARD D. ROHAUER V RONALD G. ROHAUER
Motion No: CA 19-01473
Slip Opinion No: 2019 NY Slip Op 79752(U)
Decided on September 9, 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.


September 9, 2019

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

CA 19-01473

RICHARD D. ROHAUER, PLAINTIFF-RESPONDENT,

V

RONALD G. ROHAUER, DEFENDANT-APPELLANT.



NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,

RESPONDENT.


Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from moved of the Supreme Court, Cattaraugus County, entered January 8, 2019,

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 is denied insofar as it seeks poor person relief with leave to renew upon the submission of a new motion that includes, among other things, an affidavit describing appellant's current living arrangements and the method by which he supports himself and meets his financial obligations and an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see 22 NYCRR 1250.4 [d] [1], [2]), and

It is further ORDERED the motion is denied insofar as it seeks assignment of counsel.

Memorandum: Assignment of counsel is not available.

Entered: September 9, 2019

Mark W. Bennett

Clerk of the Court