| IN THE MATTER OF ANDREW C. SIMMONS V PAYTON J. WINNER |
| Motion No: CAF 25-00972 |
| Slip Opinion No: 2025 NY Slip Op 75273(U) |
| Decided on August 19, 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 25-00972
Docket No: V-00266-21/25E
| IN THE MATTER OF ANDREW C. SIMMONS,
PETITIONER-APPELLANT, V PAYTON J. WINNER, RESPONDENT-RESPONDENT. |
Petitioner-appellant having applied for a waiver of costs, fees, and expenses and for assignment of counsel on the appeal taken herein from an order of the Family Court, Wayne County, entered May 2, 2025,
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 a waiver of costs, fees, and expenses 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, along with sufficient facts so that the merit of the contentions can be ascertained.
Entered: August 19, 2025
Ann Dillon Flynn
Clerk of the Court