| IN THE MATTER OF DERRICK R. V THERESA W. |
| Motion No: CAF 25-00806 |
| Slip Opinion No: 2025 NY Slip Op 69912(U) |
| Decided on May 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CAF 25-00806
Docket No: P-03137-24
| IN THE MATTER OF DERRICK R.,
PETITIONER-APPELLANT, V THERESA W., 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 March 10, 2025,
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 hereby 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: May 27, 2025
Ann Dillon Flynn
Clerk of the Court