IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF WAYNE J., CONSECUTIVE NO. 127873, FROM CENTRAL NEW YORK PSYCHIATRIC
Motion No: NOS. CA 19-00496 AND CA 19-00497
Slip Opinion No: 2019 NY Slip Op 67872(U)
Decided on April 4, 2019
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.


April 4, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 19-00496 AND CA 19-00497
(INDEX NO. CA2016-1539.)

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF WAYNE J.,

CONSECUTIVE NO. 127873, FROM CENTRAL NEW YORK PSYCHIATRIC

CENTER MHL §10.09, PETITIONER-APPELLANT,

V

STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH,

AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY

SUPERVISION, RESPONDENTS-RESPONDENTS.


Attorney for the appellant having moved to be relieved as counsel and for reassignment of counsel on the appeals taken herein from orders of the Oneida County Court entered in the Office of the Clerk of the County of Oneida on January 10, 2019, and February 13, 2019, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as its seeks reassignment of counsel other than Mental Hygiene Legal Service is granted and Mark C. Davison, Esq., is hereby assigned as appellant's counsel for the purposes of these appeals, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide Mark C. Davison, Esq., copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeals are based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeals, and

It is further ORDERED that appellant is granted permission to proceed as a poor person on these appeals,

It is further ORDERED that the appeals may be prosecuted upon one hard copy of the complete record and an original and five hard copies and one digital copy of appellant's brief, pursuant to 22 NYCRR 1250.9 (a) (4).

Entered: April 4, 2019

Mark W. Bennett, Clerk