Maurice M. v. Kinyamu

Full title: In the Matter of Maurice M. (Anonymous), appellant; v. Richard Kinyamu…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Mar 6, 2013

2013 N.Y. Slip Op. 66449 (N.Y. App. Div. 2013)

Opinion

2013-00540 Index No. 301964/12 M152415

03-06-2013

In the Matter of Maurice M. (Anonymous), appellant; v. Richard Kinyamu, etc., respondent.

RANDALL T. ENG

, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated November 13, 2012, for leave to perfect the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 parties are directed to file nine copies of their respective briefs and to serve one copy on each other; 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 attorney 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 pursuant to Mental Hygiene Law § 10.13(c) and County Law article 18-B, the following named attorney is assigned as counsel to prosecute the appeal:

Steven A. Feldman, Esq.

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

516-522-2828

and it is further,

ORDERED that the motion is otherwise denied; 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.

ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court