| IN THE MATTER OF CARMEN ORTIZ V DAVID GILBO, JR. |
| Motion No: CAF 22-00375 |
| Slip Opinion No: 2022 NY Slip Op 63802(U) |
| Decided on March 28, 2022 |
| 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 LINDLEY, JJ.
CAF 22-00375
Docket Nos: V-01568-21/21A, V-01569-21/21A
| IN THE MATTER OF CARMEN ORTIZ,
PETITIONER-APPELLANT, V DAVID GILBO, JR., RESPONDENT-RESPONDENT. |
Petitioner-appellant having applied 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, Oneida County, entered February 1, 2022,
Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,
It is hereby ORDERED that the application insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized (see Family Court Act §§ 262 [a] [vi], 1120 [a]), and
It is further ORDERED that the application insofar as it seeks permission to proceed as a poor person is denied, with leave to renew upon the filing and service of a motion that includes, among other things, an affidavit setting forth appellant's gross monthly income, assets with their value, and financial obligations, along with sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1250.4 [d] [2] [i]).
Entered: March 28, 2022
Ann Dillon Flynn
Clerk of the Court