Appellate Division: Second Judicial Department

M279695

AFA/

REINALDO E. RIVERA, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

WILLIAM G. FORD, JJ.

2021-06525 In the Matter of Janet Monroe, etc., respondent, v Warren T. (Anonymous), appellant. (Index No. 32108/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated April 26, 2021. Motion by the appellant's assigned counsel to be relieved 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 Mental Hygiene Legal Service, 600 Old Country Road, Garden City, NY 11530, 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 § 9.60(g) and Judiciary Law § 35, the following named attorney is assigned as counsel for the appellant:

Craig Leeds

1345 Sixth Avenue - Second Fl.

New York, NY 10105

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 upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other (see 22 NYCRR 670.9[a]); 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.

RIVERA, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court