| IN THE MATTER OF STATE OF NEW YORK V STEVEN DECAPUA |
| Motion No: CA 13-00483 |
| Slip Opinion No: 2013 NY Slip Op 70714(U) |
| Decided on April 12, 2013 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00483
(Index No. 08-543951.)
| IN THE MATTER OF STATE OF NEW YORK,
PETITIONER-RESPONDENT, V STEVEN DECAPUA, RESPONDENT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 25, 2013,
Now, upon reading and filing the affidavit of Steven DeCapua sworn to March 14, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the motion insofar as its seeks assignment of counsel is granted, and Emmett J. Creahan, Director, Mental Hygiene Legal Service is hereby assigned as counsel for the purposes of this appeal, and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide Mental Hygiene Legal Service 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.
Entered: April 12, 2013
Frances E. Cafarell, Clerk