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

Motion No: M-4939

Slip Opinion No: 2018 NYSlipOp 89441(U)

Decided on November 27, 2018

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.

November 27, 2018

In the Matter of the Application of the

State of New York,

Petitioner-Respondent,

v

Jesus H.(DIN)94A4662,

A Respondent in the Custody of the New

York State Office of Mental Health,

Respondent-Appellant,

For Civil Management Pursuant to Article

10 of the Mental Hygiene Law.

An appeal having been taken from orders of the Supreme Court, New York County, entered on or about August 28, 2018, And respondent-appellant having moved, pursuant to Mental Hygiene Law §10.13[c], for leave to prosecute, as a poor person, the aforesaid appeal, 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 an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. 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 related to the above-captioned matter. 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, New York 10010, Telephone No. 646-386-5891, is assigned as counsel for purposes of prosecuting the appeal on respondent's behalf. The time within which appellant shall perfect this appeal is hereby enlarged until 180 days from the date of the receipt of the complete record.ENTERED: November 27, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny Jr., Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer Anil C. Singh, Justices

M-4939

Index No. 30202/16