MATTER OF BYRON W.
Motion No: CA 10-01315
Slip Opinion No: 2010 NY Slip Op 86940(U)
Decided on October 29, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 29, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-01315
INDEX NO. 0424-2008

MATTER OF BYRON W.



MICHAEL C. GREEN, MONROE COUNTY DISTRICT ATTORNEY,

RESPONDENT,

V

BYRON W., DEFENDANT-APPELLANT.


Appellant having moved for an order assigning Mental Hygiene Legal Service as counsel to appellant for the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 19, 2010,

Now, upon reading and filing the affirmation of Drew R. DuBrin, Esq. dated September 1, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Emmett J. Creahan, Director, Mental Hygiene Legal Service is hereby assigned as counsel to conduct the appeal and may prosecute the appeal upon one record as defined by 22 NYCRR 1000.3 (c) (2) and 10 copies of the appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Mental Hygiene Legal Service with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.

Entered: October 29, 2010

Patricia L. Morgan, Clerk