In the Matter of the Application of the State of New York

Motion No: M-5052

Slip Opinion No: 2016 NYSlipOp 96062(U)

Decided on December 15, 2016

Appellate Division, First 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.

December 15, 2016

In the Matter of the Application of

the State of New York,

Petitioner-Respondent, CONFIDENTIAL

For a Judgment Pursuant to Article 10 of the Mental Hygiene Law,

v

Howard H.,

Respondent-Appellant.

An appeal having been taken from the order of the Supreme Court, Bronx County, entered on or about July 11, 2016, And respondent-appellant pro se having moved, pursuant to Mental Hygiene Law §10.13[c], for leave to prosecute the appeal as a poor person, for leave to have the appeal heard upon the original record and upon a reproduced appellant's brief, and for the assignment of counsel, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of permitting the appeal to be heard upon the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the Attorney General of the State of New York and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this

Court. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record.

(M-5052) -2- December 15, 2016 The court reporter shall promptly make and file with the Supreme Court one transcript of the stenographic minutes of any proceedings in this matter, and the Clerk shall furnish a copy of such transcripts to appellant's counsel, without charge, the transcripts to be returned to this Court when appellant's brief is filed. Marvin Bernstein, Esq., Director of Mental Hygiene Legal Services, 41 Madison Avenue, 26th Floor, New York, NY 10010, Telephone No. (646) 386-5891, is assigned as counsel for purposes of prosecuting the appeal on respondent's behalf. ENTERED: December 15, 2016

_____________________ CLERK

PRESENT: Hon. Karla Moskowitz,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer,Justices

M-5052

Index No. 251370/13