Opinion
Motion No. CAF 23-00357 No: V-00948-21/21A
04-04-2023
IN THE MATTER OF REBECCA H. MILLER, PETITIONER-RESPONDENT, v. DANIEL J. BOYDEN, RESPONDENT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
Appellant having applied for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Ontario County, entered February 1, 2023, and February 6, 2023, Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon, It is hereby ORDERED that the application insofar as it seeks the assignment of counsel on the appeal taken from the order entered February 1, 2023 (), is denied on the ground that such relief is not authorized (see Family Court Act § 262 [a] [vi]; 1120 [a]), and
It is further ORDERED that the application insofar as it seeks permission to proceed as a poor person on the appeal taken from the order entered February 1, 2023 (), is denied with leave to renew upon the submission of a formal motion that includes, among other things, an affidavit setting forth appellant's current gross monthly household income, assets with their value, and financial obligations, along with sufficient facts so that the merit of the contentions can be ascertained, and
It is further ORDERED that the application is otherwise granted, and
It is further ORDERED that Caitlin Connelly, Esq., 170 Manhattan Avenue, PO Box 292, Buffalo, New York 14215, is hereby assigned as counsel to conduct the appeal taken from the order entered February 6, 2023 (CAF 23-00442), and
It is further ORDERED that the Ontario County Family Court Clerk provide Caitlin Connelly, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that the record and briefs are to be filed and served within 60 days of the filing of the transcripts with the Ontario County Family Court Clerk.