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

DOCKET NO. CA 13-00483
(Index No. MH 43951/08)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V STEVEN DECAPUA, RESPONDENT-APPELLANT.

An order having been entered April 12, 2013, assigning Emmett J. Creahan, Director, Mental Hygiene Legal Service, as counsel to perfect the appeal taken herein,

Now, upon reading and filing the affirmation of William P. Clark, Esq., dated April 18, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that Kevin Bauer, Esq., 6 Fernadale Street, Albany, New York 12208, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 25, 2013, in place and stead of Emmett J. Creahan, Director of 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 Erie is hereby directed to provide Kevin Bauer, Esq. with copies of all papers and transcripts of stenographic of audiotaped of the minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal.

Entered: June 18, 2013

Frances E. Cafarell, Clerk