Appellate Division: Second Judicial Department

M286832

AFA/

MARK C. DILLON, J.P.

FRANCESCA E. CONNOLLY

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2021-09242 In the Matter of State of New York, respondent, v Victor H. (Anonymous), appellant. (Index No. 117/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated November 24, 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 Craig Leeds, 1345 Sixth Avenue, 2nd Fl., New York, NY 10105, 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:

Randall D. Unger

125-10 Queens Blvd., Suite 302

Kew Gardens, NY 11415

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.

DILLON, J.P., CONNOLLY, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court