IN THE MATTER OF WENDY S. MULQUEEN V JASON E. ACKLER, ANDREA L. JONES, AND HERKIMER COUNTY DEPARTMENT OF SOCIAL SERVICES
Motion No: CAF 22-01913
Slip Opinion No: 2023 NY Slip Op 60165(U)
Decided on January 4, 2023
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 4, 2023

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

CAF 22-01913
Docket No: V-00830-22

IN THE MATTER OF WENDY S. MULQUEEN, PETITIONER-APPELLANT,

V

JASON E. ACKLER, ANDREA L. JONES, AND

HERKIMER COUNTY DEPARTMENT OF SOCIAL SERVICES,

RESPONDENTS-RESPONDENTS.


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, Herkimer County, entered September 15, 2022,

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 [a] [vi], 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 appellant's current gross monthly household income, and the specific sources of that income including any rental income, assets with their value, and financial obligations, along with sufficient facts so that the merit of the contentions can be ascertained.

Entered: January 4, 2023

Ann Dillon Flynn

Clerk of the Court