IN THE MATTER OF NUSHAWN W. V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH AND NEW YORK STATE DEPARTMENT
Motion No: CA 21-01174
Slip Opinion No: 2021 NY Slip Op 75189(U)
Decided on November 22, 2021
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.


November 22, 2021

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

CA 21-01174
Index No: EFCA2015-000947

IN THE MATTER OF NUSHAWN W., 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.


Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court, Oneida County, entered July 7, 2021,

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 it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the motion insofar as its seeks assignment of counsel other than Mental Hygiene Legal Service is granted and Kathryn Friedman, Esq., 465 Grant Street, PO Box 200, Buffalo, New York 14213-6599, is hereby assigned as appellant's counsel for the purposes of this appeal, and

It is further ORDERED that the Oneida County Clerk provide Kathryn Friedman, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the appeal herein must be perfected by electronic filing pursuant to 22 NYCRR 1245 and 22 NYCRR 1000.17, and

It is further ORDERED that the appeal 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: November 22, 2021

Ann Dillon Flynn

Clerk of the Court