Appellate Division: Second Judicial Department

M138487

E/mv

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2012-03799, 2012-04474 In the Matter of State of New York, respondent, v Walter J. R. (Anonymous), appellant. (Index No. 2425/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file a late notice of appeal from an order of the Supreme Court, Orange County, dated October 26, 2011, for leave to prosecute that appeal as well as an appeal from an order of the same court dated March 2, 2012, 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 branch of the motion which is for leave to file a late notice of appeal from the order dated October 26, 2011 (Appellate Division Docket No. 2012-03799), is denied (see CPLR 5513); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated October 26, 2011, as a poor person and for the assignment of counsel are denied as academic; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated March 2, 2012, as a poor person and for the assignment of counsel are granted, and 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 from the order dated March 2, 2012:

Steven A. Feldman, Esq.

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

516-522-2828

and it is further,

ORDERED that the appellant's time to perfect the appeal from the order dated March 2, 2012, 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 October 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 of the Supreme Court, Orange County.

ANGIOLILLO, J.P., BELEN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court