Appellate Division: Second Judicial Department

M190092

T/mv

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-08618 In the Matter of Maurice M. (Anonymous), appellant Andrea Norton, etc., respondent. (Index No. 300904/14)

DECISION & ORDER ON MOTION .

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 3, 2014, as a poor person, to relieve assigned counsel and for leave to prosecute the appeal pro se, and, in effect, for summary reversal.

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 branch of the motion which is, in effect, for summary reversal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person 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 the branch of the motion which is to relieve assigned counsel is granted; and it is further,

ORDERED that Mental Hygiene Legal Services, 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 the branch of the motion which is for leave to prosecute the appeal pro se is denied; and it is further,

ORDERED that on the Court's own motion, 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 from the order:

Steven A. Feldman, Esq.

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

516-522-2828

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 Supreme Court, Kings County.

MASTRO, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court