Appellate Division: Second Judicial Department

M97733

S/nl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-11605 In theMatter of State of New York, respondent, v Charles G. (Anonymous), et al., appellant. (Index No. 10322/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, dated October 15, 2009, on a proceeding pursuant to Mental Hygiene Law article 10, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Mental Hygiene Law § 10.13 and County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Steven Feldman, Esq.

626 Reckson Plaza, West Tower 6th Floor

Uniondale, N.Y. 11556

and it is further,

ORDERED that the assigned counsel shall perfect the appeal in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

DILLON, J.P., MILLER, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

St. Lawrence Psychiatric Center

Bridgeview Bldg.

1 Chimney Point Drive

Ogdensburg, New York 13669