Appellate Division: Second Judicial Department

M275128

E/sl

WILLIAM F. MASTRO, A.P.J.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2020-08766 In the Matter of State of New York, respondent, v Anthony A. (Anonymous), appellant. (Index No. 5386/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated March 9, 2020. Motion by Ian T. Fitzgerald to be relieved as counsel for the appellant and for the assignment of new counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and Ian T. Fitzgerald, 42 Ponqupgue Avenue, Hampton Bays, NY 11946, 631-778-6068, is relieved as counsel for the appellant, and is directed to turn over all papers in the matter to new counsel herein assigned; and it is further,

ORDERED that pursuant to Mental Hygiene Law § 10.13 (c) and County Law article 18-B, the following named attorney is assigned as counsel for the appellant:

Craig Leeds

350 5th Avenue - Suite 5901

New York, NY 10118

212-736-2870

and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that pursuant to statute (CPLR 1102[b]) the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one copy to the appellant's assigned counsel and file the other with the Clerk of this Court; assigned counsel is directed to turn over said transcripts to the respondent when counsel serves the appellant's brief upon the respondent; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court