Cent. N.Y. Psychiatric Ctr. MHL 10.09 v. State (In re Richard R.)

Full title: IN THE MATTER OF THE APPLICATION FOR THE DISCHARGE OF RICHARD R.…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 8, 2019

2019 N.Y. Slip Op. 67909 (N.Y. App. Div. 2019)

Opinion

Motion No: CA 19-00333

04-08-2019

IN THE MATTER OF THE APPLICATION FOR THE DISCHARGE OF RICHARD R., CONSECUTIVE NO. 169300, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER MHL 10.09, PETITIONER-APPELLANT, v. STATE OF NEW YORK, NEWYORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,RESPONDENTS-RESPONDENTS.

WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

PRESENT: (Index No: CA2016-1554.)

Appellant having moved for permission to proceed as a poor person, for assignment of counsel other than Mental Hygiene Legal Service, for a transcript without having to pay a fee, for the sealing of the record, for permission to proceed anonymously, and for an order directing newly assigned counsel to be provided access to the file of Mental Hygiene Legal Service on the appeal taken herein from an order Supreme Court entered in the Office of the Clerk of the County of Oneida on October 3, 2018,

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 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 other than Mental Hygiene Legal Service is granted and Kathryn Friedman, Esq., P.O. Box 200, 465 Grant Street, Buffalo, NY 14213, is hereby assigned as appellant's counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide Kathryn Friedman, Esq., with copies of all 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, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and

It is further ORDERED that the appeal may be prosecuted upon one hard copy of the complete record and an original and five hard copies and one digital copy of appellant's brief, pursuant to 22 NYCRR 1250.9 (a) (4), and

It is further ORDERED that the motion insofar as it seeks to seal the record and papers filed on this appeal is granted, and

It is further ORDERED that the motion insofar as it seeks to proceed anonymously is granted, and

It is further ORDERED that the motion insofar as it seeks an order permitting newly assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service is denied without prejudice to a motion in Supreme Court if necessary.

Entered: April 8, 2019

Mark W. Bennett, Clerk