Appellate Division: Second Judicial Department

M134833

T/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2011-07539 In the Matter of State of New York, respondent, v Joseph McD. (Anonymous), appellant. (Index No. 4142/10)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in the Supreme Court, Kings County, inter alia, in effect, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated July 12, 2011, and for poor person relief for the appellant.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that counsel assigned to represent the appellant in the Supreme Court, Kings County, is relieved, and is directed to turn over all papers in the action to new counsel herein assigned; 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 § 10.13(c) and County Law article 18-B, the following named attorney is assigned as counsel to prosecute the appeal:

Steven A. Feldman, Esq.

626 Reckson Plaza

West Torres, 6th Floor

Uniondale, New York 11556

(516) 522-2828

and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 15, 2012; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion 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., DICKERSON, BELEN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court