PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 25-00850
Index No: EFCA2020-001962

IN THE MATTER OF THE APPLICAION FOR DISCHARGE OF MARK M., CONSEC. NO. 249400, PETITIONER-APPELLANT, V STATE OF NEW YORK, RESPONDENT.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the County Court, Oneida County, entered November 15, 2024, and for other relief,

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 dismissal of the appeal herein be vacated, on the condition that the appeal be perfected on or before August 8, 2025, and in the event of failure to so perfect the appeal is dismissed without further order, and

It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and

It is further ORDERED that the motion insofar as its seeks assignment of counsel is granted, and Elizabeth S. Fortino, Director, Mental Hygiene Legal Service, 50 East Avenue, Suite 402, Rochester, New York 14604, is hereby assigned as appellant's counsel for the purposes of this appeal, and

It is further ORDERED that the motion insofar as it seeks a transcript without having to pay a fee is granted to the extent that the Oneida County Clerk is hereby directed to provide Mental Hygiene Legal Service 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.

Entered: June 9, 2025

Ann Dillon Flynn

Clerk of the Court