Matter of State of New York v A. (Anonymous)
Motion No: 2013-11087
Slip Opinion No: 2014 NY Slip Op 75781(U)
Decided on June 23, 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

M175654

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2013-11087

In the Matter of State of New York, respondent,

v Odell A. (Anonymous), appellant.

(SCI/Ind. No. 2X-2009)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated February 13, 2013, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed 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 pursuant Mental Hygiene Law § 10.13(c) and County Law article 18-B, the following named attorney is assigned as counsel to prosecute the appeal:

Richard Langone, Esq.

c/o Langone & Associates, PLLC

600 Old Country Road, Suite 328

Garden City, NY 11530

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; 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.

DILLON, J.P., HALL, SGROI and BARROS, 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.