Appellate Division: Second Judicial Department

M81505

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-06679 In the Matter of Stanley D. (Anonymous), appellant; State of New York, respondent. (Index No. 5626/07)

DECISION & ORDER ON MOTION

Motion by Dennis B. Feld, Esq., Mental Hygiene Legal Service, 170 Old Country Road Mineola, New York 11501, counsel assigned to represent the appellant in a proceeding pursuant to Mental Hygiene Law article 10 to be relieved and for the assignment of new counsel to represent the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 5, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition to or relation thereto, it is

ORDERED that the motion is granted and assigned counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that pursuant to statute (Judiciary Law § 35; Mental Hygiene Law §§ 10.13[c], 10.15[a]), the following named attorney is assigned as counsel to prosecute the appeal:

William E. Penny, Esq.

10 Forest Lane

Scarsdale, New York 10583

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court