Appellate Division: Second Judicial Department

M132726

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-11022 In the Matter of Barbara N. (Anonymous), appellant; Department of Social Services of the City of New York, respondent. (Index No. 100133/10)

DECISION & ORDER ON MOTION

Renewed motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated October 20, 2011, as a poor person, and for the assignment of counsel.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 pursuant to statute (CPLR 1102[b]) the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one copy to the appellant's attorney and file the other with the Clerk of this Court; Assigned counsel is directed to turn over said transcripts to the respondent when counsel serves the appellant's brief upon the respondent; and it is further,

ORDERED that pursuant to Mental Hygiene Law § 81.10 and County Law article 18-B (see St. Luke's-Roosevelt Hosp. Ctr., 89 NY2d 889) the following named attorney is assigned as counsel to prosecute the appeal:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

(917) 660-8758

and it is further,

ORDERED that pursuant to Section 670.4 of the rules of this Court (see 22 NYCRR 670.4), this appeal is assigned to active management; the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with, any scheduling orders issued by the Clerk of this Court (22 NYCRR 670.4, et seq.) and written directions; 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; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court