Opinion
Motion No: CAF 11-01798 DOCKET NO. V-19946-10 V-19947-10
09-27-2011
MATTER OF DENISE SMITH, PETITIONER-APPELLANT, v. SHAWNTAI MACLIN, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, 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, Erie County, entered in the Office of the Clerk of said Court on August 11, 2011,
Now, upon reading and filing the affidavit of Denise Smith, sworn to September 1, 2011, 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 the assignment of counsel is denied on the ground that such relief is not authorized for a non-parent petitioner in a custody 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 with leave to renew upon the submission of a new motion 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