Opinion
APPELLATE DIVISION DOCKET NO. CAF 13-02244 DOCKET NO. F-1880-08-H & I
01-07-2014
MATTER OF CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF MARK P. QUINN, PETITIONER-APPELLANT, v. EMILY N. GILROY, 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, Cattaraugus County, entered in the Office of the Clerk of said Court on September 23, 2013,
Now, upon reading and filing the affidavit of Mark P. Quinn, sworn to December 16, 2013, the notice of motion with proof of service thereof, and the statement of Thomas C. Brady, Esq., dated December 18, 2013, 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 denied with leave to renew upon the submission of a new 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