Appellate Division: Second Judicial Department

M151657

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2012-03385 In the Matter of State of New York, respondent, v Robert M. (Anonymous), appellant. (Index No. 12193/09)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2012 Calendar," dated November 29, 2012, as dismissed an appeal from an order of the Supreme Court, Kings County, dated March 1, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, for poor person relief, and for the assignment of counsel.

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 so much of the decision and order on motion of this Court dated November 29, 2012, as dismissed the appeal, is recalled and vacated; 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 23, 2013; 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 Hermann P. Walz, 40 Exchange Place, Suite 2010, New York, N.Y. 10005, 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 from the order:

Steven A. Feldman, Esq.

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

516-522-2828

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, Kings County.

SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court