Opinion
Motion No: M-6532
05-30-2019
In the Matter of Vadim Babyrev, a Patient at Kirby Forensic Psychiatric Center, Petitioner-Appellant, For a Writ of Habeas Corpus Pursuantto Article 70 of the Civil Practice Lawand Rules, v. Commissioner of Mental Health, et al., Respondent-Respondent.
Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from the order of the Supreme Court, New York County, entered on or about November 14, 2018, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, it is Ordered that the motion for poor person relief is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. The motion, to the extent it seeks the assignment of appellate counsel, is denied.
ENTERED: May 30, 2019
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Anil C. Singh,Justices
M-6532
Index No. 530280/08