Appellate Division: Second Judicial Department

M148841

E/mv

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-10730 In the Matter of State of New York, respondent, v Ted B. (Anonymous), appellant. (Index No. 1981/10)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from an order of the Supreme Court, Orange County, dated October 3, 2012, to be relieved, for poor person relief, for the assignment of new counsel, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, is relieved; 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 Mental Hygiene Legal Service, 170 Old Country Road, Suite 500, Mineola, N.Y. 11501, is directed to turn over all papers in the action to the new counsel herein assigned; 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:

Craig Leeds, Esq.

350 5th Avenue - Suite 5901

New York, N.Y. 10118

212-736-2870

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 Supreme Court, Orange County; 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 July 9, 2013.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court