| THE PEOPLE EX REL. MARK MARISLLETT V DEBORAH MCMULLOCH, EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER |
| Motion No: OP 16-01928 |
| Slip Opinion No: 2017 NY Slip Op 60855(U) |
| Decided on January 11, 2017 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. OP 16-01928
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. MARK MARISLLETT,
PETITIONER, V DEBORAH MCMULLOCH, EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER,
RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person and assignment of counsel on this original proceeding for the purpose of appealing an order of this Court dated November 21, 2016, and for relief pursuant to CPLR 2103 (d),
Now, upon reading and filing the statements of Mark Marsillett dated December 7, 2016, December 9, 2016, and December 20, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks service by filing of the motion pursuant to CPLR 2103 (d), and
It is further ORDERED that the motion is otherwise dismissed on the ground that the motion was not properly served (see CPLR 2103 [b] [2], [f] [1]).
Entered: January 11, 2017
Frances E. Cafarell, Clerk