State v. Richard Z.

Full title: IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. RICHARD Z.…

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

Date published: Jul 24, 2017

2017 N.Y. Slip Op. 81261 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-01253

07-24-2017

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. RICHARD Z., AN INMATE IN THE CUSTODY OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH, FOR CIVIL MANAGEMENT PURSUANT TO ARITCLE 10 OF THE MENTAL HYGIENE LAW, RESPONDENT-APPELLANT.

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

PRESENT:

Appellant having moved for permission to proceed as a poor person, for assignment of counsel, for a transcript without having to pay a fee, for the sealing of the record, for permission to proceed anonymously, and for a limited stay of proceedings pursuant to Mental Hygiene Law article 10 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 20, 2017,

Now, upon reading and filing the affirmation of Caroline L. Levitt, Esq., dated July 6, 2017, the affidavit of Richard Z. sworn to June 14, 2017, 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 appellant's counsel for the purposes of this appeal, 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 that the Clerk of the County of Oneida 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, 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 granted, and

It is further ORDERED that the motion insofar as it seeks a limited stay is denied.

Entered: July 24, 2017

Frances E. Cafarell, Clerk