PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND NEMOYER, JJ.

CAF 22-01875
Docket No. F-00825-21/21A
Docket No: F-00825-21/21B

IN THE MATTER OF BEGUM SUFIA, PETITIONER-RESPONDENT, V ABDUL KHALIQUE, RESPONDENT-APPELLANT. IN THE MATTER OF ABDUL KHALIQUE, PETITIONER-APPELLANT, V BEGUM SUFIA, RESPONDENT-RESPONDENT.

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, Erie County, entered October 20, 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 with respect to the appeal from that part of the order that denied appellant's objections to the Support Magistrate's dismissal of his modification petition, 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, 1120 [a]), and the application insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a formal 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, and

It is further ORDERED that with respect to the appeal from that part of the order that denied appellant's objections to the Support Magistrate's determination of respondent's violation petition, the appeal is dismissed as that part of the order is not an order of disposition appealable as of right (see Family Court Act §§ 439 [a], [e]; 1112 [a]), and the application is dismissed.

Entered: December 5, 2022

Ann Dillon Flynn

Clerk of the Court