| IN THE MATTER OF MICHELLE J. ADAMS V LYDIA C. ADAMS, BILLY R. ADAMS, JR., AND STEPHEN R. JOHN IN THE MATTER OF BILLY |
| Motion No: CAF 22-01995 |
| Slip Opinion No: 2023 NY Slip Op 63506(U) |
| Decided on March 14, 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. |
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CAF 22-01995
Docket No: V-00308-21/21B
CAF 22-01996
Docket No: V-00308-21
| IN THE MATTER OF MICHELLE J. ADAMS,
PETITIONER-APPELLANT, V LYDIA C. ADAMS, BILLY R. ADAMS, JR., AND STEPHEN R. JOHN, RESPONDENTS-RESPONDENTS. IN THE MATTER
OF BILLY RON ADAMS, JR., AND LYDIA C. ADAMS, PETITIONERS-RESPONDENTS, V STEPHEN R. JOHN, RESPONDENT-RESPONDENT, AND
MICHELLE J. ADAMS, RESPONDENT-APPELLANT. |
Appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Ontario County, entered November 29, 2022, and December 7, 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 on the appeal taken from the order entered November 29, 2022, 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 on the appeal taken from the order entered November 29, 2022, 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, 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 the application is otherwise granted, and
It is further ORDERED that Kenneth Tyler, Esq., 300 State Street, First Floor, Syracuse, New York 13202, is hereby assigned
as counsel to conduct the appeal taken from the order entered December 7, 2022, and
It is further ORDERED that the Ontario County Family Court Clerk provide Kenneth Tyler, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that the transcripts, if any, shall be filed with the Ontario County Family Court Clerk, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).
Entered: March 14, 2023
Ann Dillon Flynn
Clerk of the Court