| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF MARK M. V STATE OF NEW YORK |
| Motion No: CA 23-00927 |
| Slip Opinion No: 2023 NY Slip Op 74372(U) |
| Decided on September 25, 2023 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 23-00927
| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF MARK
M., RESPONDENT, V STATE OF NEW YORK, RESPONDENT-RESPONDENT. MENTAL HYGIENE LEGAL SERVICE, NONPARTY
APPELLANT. |
Petitioner having applied to withdraw the appeal and nonparty appellant, Mental Hygiene Legal Service (MHLS), having moved to amend the caption and for the appointment of counsel in the appeal taken herein from an order of the Supreme Court, Oneida County, entered May 4, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that petitioner's application to withdraw the appeal to the extent taken on behalf of petitioner is granted, and
It is further ORDERED that MHLS's motion insofar as it seeks to amend the caption is granted, and
It is further ORDERED that MHLS's motion insofar as it seeks appointment of appellate counsel on this appeal for petitioner is denied, and
It is further ORDERED that MHLS is directed to perfect their appeal on or before October 10, 2023 and, that if the appeal is so perfected, it shall be added to the term of this Court commencing November 27, 2023.
Memorandum: Assignment of appellate counsel is not available. No extensions of time to perfect the appeal will be granted.
Entered: September 25, 2023
Ann Dillon Flynn
Clerk of the Court