Appellate Division: Second Judicial Department

M101837

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2010-02543 In the Matter of State of New York, appellant, v Odell A. (Anonymous), respondent. (Index No. 8378/08)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered March 3, 2010, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to Mental Hygiene Law article 10 or an order that does not dismiss the proceeding, for poor person relief and for the assignment of counsel. Cross motion by the appellant for leave to appeal to this court from the order entered March 3, 2010.

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

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are granted; and it is further,

ORDERED that pursuant to Mental Hygiene Law § 10.6(c) and County Law article 18-B, the following named attorney is assigned as counsel for the respondent on the appeal:

Scott Lockwood, Esq.

1476 Deer Park Avenue - Suite 3

North Babylon, New York 11703

(631) 242-3369

DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court