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

Motion No: M-7001

Slip Opinion No: 2019 NYSlipOp 82113(U)

Decided on October 17, 2019

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 17, 2019

In the Matter of the Application of

the State of New York,

Petitioner-Respondent, For a Judgment Pursuant to Article 10

of the Mental Hygiene Law,

v

David S.,

Respondent-Appellant.

Appeals having been taken from three orders of the Supreme Court, Bronx County, entered on or about October 19, 2017, April 4, 2019 and June 6, 2019, And respondent-appellant having moved, pursuant to Mental Hygiene Law §10.13[c], for leave to prosecute the appeals as a poor person, for leave to have the appeals 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 appeals 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 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. ENTERED: October 17, 2019

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Sallie Manzanet-Daniels Anil C. Singh, Justices

M-7001

Index No. 250519/08