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

DOCKET NO. CA 12-01334
(Index No. CA2010-001007)

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF CHARLES BROOKS, CONSECUTIVE NO. 262223, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW § 10.09, PETITIONER-APPELLANT, V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH AND NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.

Appellant having moved for reassignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on June 13, 2012, and other relief,

Now, upon reading and filing the statement of Charles Brooks received October 4, 2012, the notice of motion with proof of service thereof, and the statement of Stephen C. Clark, Esq., dated October 17, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that John A. Cirando, Esq., 101 S. Salina Street, Suite 1010, Syracuse, New York 13202-1350, is hereby substituted as counsel to conduct the above-entitled appeal taken from the order entered June 13, 2012, in place and stead of Emmett J. Creahan, Esq., Director, Mental Hygiene Legal Service, and said appeal may be prosecuted upon one stipulated or settled record and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide John A. Cirando, Esq., 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, and

It is further ORDERED that the motion is otherwise denied.

Entered: December 10, 2012

Frances E. Cafarell, Clerk