IN THE MATTER OF DANIELLE FLOYD V PHILLIP COBB
Motion No: CAF 23-00192
Slip Opinion No: 2023 NY Slip Op 62789(U)
Decided on February 27, 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.


February 27, 2023

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

CAF 23-00192
Docket No: V-01554-22/22A

IN THE MATTER OF DANIELLE FLOYD, PETITIONER-APPELLANT,

V

PHILLIP COBB, 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, Onondaga County, entered July 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 is denied, with leave to renew, should the dismissal of the appeal be vacated, upon the submission of a new motion that includes, among other things, an affidavit identifying the dependents that reside in appellant's household, and, if they include her spouse, listing her spouse's gross monthly income, assets with their value, and financial obligations.

Memorandum: Appellant's appeal is deemed dismissed pursuant to 22 NYCRR 1250.10 (a). A motion to vacate the dismissal may be made pursuant to 22 NYCRR 1250.10 (c).

Entered: February 27, 2023

Ann Dillon Flynn

Clerk of the Court