In the Matter of the Application of Steven Banks

Motion No: M-2578

Slip Opinion No: 2017 NYSlipOp 88649(U)

Decided on October 12, 2017

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.

October 12, 2017

In the Matter of the Application of

Steven Banks, as Commissioner of

Social Services of the City of New

York,

Petitioner-Respondent,

For the Appointment of a Guardian ofthe Personal Needs and Property Management of

Wilson C. C.,

Respondent-Appellant,

A Person Alleged to be Incapacitated.

An appeal having been taken from the order and judgment (one paper) of the of the Supreme Court, New York County, entered on or about July 21, 2016, And respondent-appellant 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. 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. The time in which to perfect the appeal is hereby enlarged to the January 2018 Term. ENTERED: October 12, 2017

_____________________ CLERK

Present: Hon. David Friedman,Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Karla Moskowitz Barbara R. Kapnick,Justices

M-2578

Index No. 500290/15