| Matter of State of New York v P. (Anonymous), Eric |
| Motion No: 2013-04727 |
| Slip Opinion No: 2013 NY Slip Op 93138(U) |
| Decided on December 5, 2013 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M166128
E/mv
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-04727, 2013-06242 In the Matter of State of New York, respondent, v Eric P. (Anonymous), appellant. (Index No. 2/08)
| DECISION & ORDER ON MOTION |
Motion by Mental Hygiene Legal Service, counsel for the appellant on appeals from a decision of the Supreme Court, Kings County, entered March 8, 2013, and an order of the same court entered May 31, 2013, to be relieved and to assign new 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 on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2013-04727) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is granted with respect to the appeal from the order and denied as academic with respect to the appeal from the decision; and it is further,
ORDERED that Mental Hygiene Legal Service is relieved as counsel for the appellant, and is directed to turn over all papers in the matter to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law article 18-B, the following named attorney is assigned as counsel to prosecute the appeal from the order:
Craig Leeds, Esq.
350 5th Avenue, Suite 5901
New York, N.Y. 10118
212-736-2870
and it is further,
ORDERED that the appellant's time to perfect the appeal from the order 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 February 11, 2014; 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 court from which the appeals are taken.
SKELOS, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Ms. Begonja. Please contact her with any questions at 718-722-6333.