In re Heysham

OPINION OF THE COURT

Anthony K. Pomilio, J.

This is a motion for permission to proceed on an appeal as a poor person pursuant to CPLR article 11. The issue is whether the income and the assets of the parents of a 14-year-old movant should be considered upon such application.

The motion arises in the context of a juvenile delinquency proceeding under Family Court Act article 3. After having been adjudged a juvenile delinquent, the movant’s Law Guardian filed a notice of appeal from that adjudication and then moved in this court for permission to proceed as a poor person under CPLR article 11.

The…