Opinion
DOCKET NO. CA 16-01819 DOCKET NO. CA 16-01820
11-29-2016
IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT MCCARTHY AND DILLAN LEONARD MCCARTHY, PETITIONER-RESPONDENT; v. DANIEL W. DEPERNO, RESPONDENT-APPELLANT.
PRESENT:
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 30, 2016, and June 30, 2016,
Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to October 4, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied on the ground that the facts set forth by appellant fail to demonstrate merit to the appeals, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.
Memorandum: Assignment of counsel is not available.
Entered: November 29, 2016
Frances E. Cafarell, Clerk