Appellate Division: Second Judicial Department

M259769

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-14953 In the Matter of Darius M. (Anonymous). Eric Gonzalez, etc., respondent. (Index No. 9270/15)

DECISION & ORDER ON MOTION

Motion by Darius M. pursuant to CPL 330.20(21)(a)(ii) for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 5, 2018, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original record. Separate motion by Bazelon Center for Mental Health Law, Autistic Self Advocacy Network, Arc of the United States, and National Disability Rights Network for leave to file papers as amici curiae in support of the motion by Darius M.

Upon the papers filed in support of the motion by Darius M. and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion by Bazelon Center for Mental Health Law, Autistic Self Advocacy Network, Arc of the United States, and National Disability Rights Network and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by Darius M. which is for leave to appeal is denied; and it is further,

ORDERED that the motion by Darius M. is otherwise denied as academic; and it is further,

ORDERED that the motion by Bazelon Center for Mental Health Law, Autistic Self Advocacy Network, Arc of the United States, and National Disability Rights Network is granted and the papers filed by those amici has been considered in connection with the motion by Darius M.

DILLON, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court