| IN THE MATTER OF LAURIE GRAESSER V ERIE COUNTY CHILDREN'S SERVICES |
| Motion No: CAF 23-01480 |
| Slip Opinion No: 2023 NY Slip Op 76193(U) |
| Decided on November 2, 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
CAF 23-01480
Docket No: V-05088-23
| IN THE MATTER OF LAURIE GRAESSER, PETITIONER-APPELLANT, V ERIE
COUNTY CHILDREN'S SERVICES, 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, Erie County, entered July 31, 2023,
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, 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 filing and service of a new motion that includes, among other things, an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1250.4 [d] [2] [i]).
Entered: November 2, 2023
Ann Dillon Flynn
Clerk of the Court