Opinion
DOCKET NO. CA 13-00483 Index No. 08-543951
04-12-2013
IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. STEVEN DECAPUA, RESPONDENT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 25, 2013,
Now, upon reading and filing the affidavit of Steven DeCapua sworn to March 14, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks 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 Emmett J. Creahan, Director, Mental Hygiene Legal Service is hereby assigned as counsel for the purposes of this appeal, and
It is further ORDERED that the Clerk of the County of Erie 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 had and filed in said Clerk's Office upon which the appeal is based.
Frances E. Cafarell, Clerk