Appellate Division: Second Judicial Department

M126343

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-08320, 2011-08329, 2011-08338 In the Matter of Marvin P. (Anonymous), appellant; New York State Commissioner of Office of Mental Health, et al., respondents. (Index No. 80-01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of three orders of the Supreme Court, Orange County, all dated September 9, 2011, pending hearing and determination of appeals therefrom, and for leave to prosecute the appeals as a poor person.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and 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 pursuant to CPLR 1102(b), the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant and file the other with the clerk of the trial court together with an affidavit of the fact and date of such delivery and filing; the appellant is directed to turn over those transcripts to the respondent when the appellant serves his brief upon respondent, and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that payment of the filing fee is waived; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court