Opinion
DOCKET NO. CAF 13-00783 DOCKET NO. F-03425-08-12D
06-17-2013
MATTER OF SHAWN G. GRANGER, PETITIONER-APPELLANT, v. DANIELLE D. MISERCOLA, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, LINDLEY, SCONIERS, AND WHALEN, 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, Jefferson County, entered in the Office of the Clerk of said Court on April 8, 2013,
Now, upon reading and filing the affidavit of Shawn Granger, sworn to April 27, 2013, the notice of motion with proof of service thereof, and the affidavit of Polly S. Eseltine, Esq., sworn to May 14, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks assignment of counsel is denied on the ground that such relief is not authorized for a party in a support modification 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 appellant failed to set forth facts that demonstrate merit to the appeal (see CPLR 1101 [a]).
FRANCES E. CAFARELL, Clerk