Opinion
DOCKET NO. CA 13-01275 Index No. CA2012-00568
09-18-2013
IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF RICHARD HOLMES, RESPONDENT-APPELLANT, CONSEC. NO. 185048, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL 10.09, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, PETITIONER-RESPONDENT.
PRESENT: , P.J., SMITH, PERADOTTO, AND WHALEN, JJ.
Appellant having moved for permission to proceed as a poor person, for assignment of counsel not affiliated with Mental Hygiene Legal Service, for assigned counsel to have access to appellant's client file maintained by 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 a stay of all Mental Hygiene Law article 10 proceedings pending the determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 18, 2013,
Now, upon reading and filing the affirmation of Frank S. Pappalardo, Esq., dated July 12, 2013, the affidavit of Richard Holmes sworn to July 11, 2013, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Treasure, Esq., dated July 29, 2013, 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 John A. Cirando, Esq., 101 S. Salina Street, Suite 1010, Syracuse, New York 13202-1350, is hereby assigned as counsel for the purposes of this appeal, and he shall have access as assigned counsel to appellant's client file maintained by Mental Hygiene Legal Service, and
It is further ORDERED that the motion insofar as it seeks a transcript without having to pay a fee is granted to the extent John A. Cirando, Esq., shall be provided 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, 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 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 denied, and
It is further ORDERED that the motion insofar as it seeks a stay is denied.
Frances E. Cafarell, Clerk