IN THE MATTER OF CARLENE K. MAHONEY V ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES
Motion No: CAF 20-01474
Slip Opinion No: 2021 NY Slip Op 60669(U)
Decided on January 14, 2021
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.


January 14, 2021

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

CAF 20-01474
Docket No: V-02708-20

IN THE MATTER OF CARLENE K. MAHONEY, PETITIONER-APPELLANT,

V

ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, 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 October 21, 2020,

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 filing and service of a new motion that includes, among other things, an affidavit setting forth appellant's gross monthly income from all sources, and sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]).

Entered: January 14, 2021

Mark W. Bennett

Clerk of the Court