IN THE MATTER OF JOYCE KENYON V MOLLY NICOLETTA
Motion No: CAF 23-01708
Slip Opinion No: 2024 NY Slip Op 60112(U)
Decided on January 2, 2024
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 2, 2024

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

CAF 23-01708
Docket No: V-01160-20/21A

IN THE MATTER OF JOYCE KENYON, PETITIONER-RESPONDENT,

V

MOLLY NICOLETTA, RESPONDENT-APPELLANT.


Petitioner-respondent 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, Cattaraugus County, entered July 17, 2023,

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 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 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 seeking that relief.

Entered: January 2, 2024

Ann Dillon Flynn

Clerk of the Court