Opinion
Motion No: CAF 11-02504 DOCKET NO. V-00260-11
05-30-2012
MATTER OF JOHN EATON AND MARK TAVANI, PETITIONERS-RESPONDENTS, v. CHRISTOPHER P. BOSSE, RESPONDENT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner-respondent John Eaton 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, Jefferson County, entered in the Office of the Clerk of said Court on November 23, 2011,
Now, upon reading and filing the affidavit of Johnny Cash Eaton, sworn to May 11, 2012, the notice of motion with proof of service thereof, and the affidavit of John L. Sabik, Esq., sworn to May 22, 2012, 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 a non-parent petitioner in a custody 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 on the ground that petitioner-respondent would receive no effective relief from such an order.
FRANCES E. CAFARELL, Clerk