Opinion
Motion No: CAF 11-01626 DOCKET NO. F-1932-06
08-29-2011
MATTER OF KAREN E. JORDAN, PETITIONER-RESPONDENT, v. ERIC M. JORDAN, RESPONDENT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent-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, Cattaraugus County, entered in the Office of the Clerk of said Court on July 18, 2011,
Now, upon reading and filing the certification of Jessica L. Anderson, Esq., dated August 12, 2011, and the statement of Thomas C. Brady, Esq., dated August 22, 2011, 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 a party in a support modification 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 new application that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR § 1101 [a]).
PATRICIA L. MORGAN, Clerk