| Matter of S. (Anonymous), Alexander |
| Motion No: 2016-06498 |
| Slip Opinion No: 2016 NY Slip Op 84144(U) |
| Decided on August 31, 2016 |
| 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
M217520
J/sl
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2016-06498 In the Matter of Alexander S. (Anonymous), appellant; South Beach Psychiatric Center, respondent. (Index No. 3032/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Richmond County, dated March 26, 2016, as a poor person and for the assignment of 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 branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant's attorney and file the other with an affidavit of the fact and date of such delivery and filing. 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 payment of the filing fee is waived, and it is further,
ORDERED that pursuant to statute (Judiciary Law § 35), 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 if a trial or hearing was held, assigned counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., AUSTIN, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court