| IN THE MATTER OF THE APPLICATION OF DANIELLE DILL, PSY.D., EXECUTIVE DIRECTOR CENTRAL NEW YORK PSYCHIATRIC CENTER V |
| Motion No: CA 25-00568 |
| Slip Opinion No: 2025 NY Slip Op 76303(U) |
| Decided on September 9, 2025 |
| 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: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-00568
| IN THE MATTER OF THE APPLICATION OF DANIELLE DILL, PSY.D., EXECUTIVE DIRECTOR
CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, V DAVID M., RESPONDENT-APPELLANT. |
Mental Hygiene Legal Service, having moved for permission to withdraw as counsel for the appellant on the appeal taken herein from an order of the Supreme Court, Oneida County, entered March 3, 2025, or to assign appellate counsel other than Mental Hygiene Legal Service,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that Mental Hygiene Legal Service's motion insofar as it seeks permission for Mental Hygiene Legal Service to withdraw as counsel and for the assignment of appellate counsel other than Mental Hygiene Legal Service is denied.
Memorandum: Even assuming, arguendo, that the potential conflict of interest raised in the motion required disqualification of every attorney who works for Mental Hygiene Legal Service in each of the separate offices in the Fourth Judicial Department (see generally People v Pica-Torres, 227 AD3d 1127, 1128-1129 [3d Dept 2024]), the assignment of appellate counsel other than Mental Hygiene Legal Service is not available. Mental Hygiene Legal Service has other available remedies including, inter alia, a motion to transfer the matter to Mental Hygiene Legal Service in a different Judicial Department.
Entered: September 9, 2025
Ann Dillon Flynn
Clerk of the Court