IN THE MATTER OF CONNOR B. BUSHART V AZRAEL R. GIACALONE
Motion No: CAF 24-01360
Slip Opinion No: 2025 NY Slip Op 61642(U)
Decided on January 27, 2025
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 27, 2025

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

CAF 24-01360
Docket No: V-01307-22/24H

IN THE MATTER OF CONNOR B. BUSHART, PETITIONER-RESPONDENT,

V

AZRAEL R. GIACALONE, 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, Wayne County, entered July 23, 2024,

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 [a] [vi], 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 filing and service of a motion that includes, among other things, an affidavit setting forth appellant's gross monthly income, assets with their value, and financial obligations.

Entered: January 27, 2025

Ann Dillon Flynn

Clerk of the Court