Cattaraugus Cnty. Dep't of Soc. Servs. ex rel. Wagoner v. Wagoner

Full title: IN THE MATTER OF CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, ON…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Mar 9, 2020

2020 N.Y. Slip Op. 64627 (N.Y. App. Div. 2020)

Opinion

CAF 20-00275 Docket No: F-648-13/19A

03-09-2020

IN THE MATTER OF CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF EMILY WAGONER, PETITIONER-RESPONDENT, v. TINA WAGONER, RESPONDENT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Respondent-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, Cattaraugus County, entered January 13, 2020,

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 submission 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]).

Entered: March 9, 2020

Mark W. Bennett

Clerk of the Court