Opinion
2021-68681 P-02872-20
07-06-2021
IN THE MATTER OF DEWARD R., PETITIONER-APPELLANT, v. THE ESTATE OF KAYLA F., DECEASED, RESPONDENT-RESPONDENT. Motion No. CAF 21-00894
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Petitioner-appellant 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, Onondaga County, entered June 1, 2021,
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 filing and service of a 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]).