Opinion
APPELLATE DIVISION DOCKET NO. CAF 12-01205 DOCKET NO. P-00528-11
07-16-2012
MATTER OF RICHARD W.W., JR., PETITIONER-APPELLANT, v. AMANDA W., RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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, Ontario County, entered in the Office of the Clerk of said Court on June 11, 2012,
Now, upon reading and filing the affidavit of Richard W.W., Jr., sworn to June 11, 2012, and the notice of motion with proof of service thereof, 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 for the petitioner in a paternity proceeding (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 motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
FRANCES E. CAFARELL, Clerk