Opinion
Motion No: CAF 14-01798
10-20-2014
MATTER OF FREDERICK A., PETITIONER-APPELLANT, v. AERIAL A., AND ANTWOIN A., RESPONDENTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. DOCKET NO. P-10170-13
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, Monroe County, entered in the Office of the Clerk of said Court on August 20, 2014,
Now, upon reading and filing the certification of Paloma A. Capanna, Esq., dated October 3, 2014, 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 for the petitioner in a paternity proceeding (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 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]).
Entered: October 20, 2014
FRANCES E. CAFARELL, Clerk