Matter of J. (Anonymous); State of New York
Motion No: 2014-00727
Slip Opinion No: 2014 NY Slip Op 65228(U)
Decided on February 28, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M170315

E/mv

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2014-00727

In the Matter of Wayne J. (Anonymous), appellant;

State of New York, respondent,

(Index No. 403/13)

DECISION & ORDER ON MOTION

Motion by Mental Hygiene Legal Service to be relieved as counsel for the appellant on an appeal from an order of the Supreme Court, Westchester County, dated October 11, 2013, for poor person relief, and for the assignment of 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 the motion is granted; 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

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 appeal is taken; and it is further,

ORDERED that the appellant shall perfect the appeal on or before July 9, 2014.

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

ENTER:

Aprilanne Agostino

Clerk of the Court