Appellate Division: Second Judicial Department

M280991

E/afa

VALERIE BRATHWAITE NELSON, J.P.

SHERI S. ROMAN

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2021-08236 In the Matter of Eric W. C. (Anonymous), appellant, v State of New York, respondent. (Index No. 1377/2021)

DECISION & ORDER ON MOTION

Appeal by Eric W. C. from a purported judgment of the Supreme Court, Westchester County, dated October 12, 2021. By order to show cause dated November 24, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no judgment dated October 12, 2021, was issued in the above-entitled matter. Motion by the appellant pro se for poor person relief and, in effect, for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal is deemed to reflect that the appeal is from an order dated October 14, 2021 (see CPLR 2001); and it is further,

ORDERED that on the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion is granted; 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 appellant and the respondent 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, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); 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 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:

Steven A. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

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.

BRATHWAITE NELSON, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court