Cent. N.Y. Psychiatric Centre v. State (In re Charles B.)

Full title: IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF CHARLES B., CONSECUTIVE…

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

Date published: Jul 23, 2019

2019 N.Y. Slip Op. 76010 (N.Y. App. Div. 2019)

Opinion

CA 19-01276 Index No: CA2018-1722

07-23-2019

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF CHARLES B., CONSECUTIVE FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW SECTION 10.09, PETITIONER-APPELLANT, v. STATE OF NEW YORK, RESPONDENT-RESPONDENT.

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 other than Mental Hygiene Legal Service, for a transcript without having to pay a fee, for the sealing of the record, and for permission to proceed anonymously on the appeal taken herein from an order of the Supreme Court, Oneida County, entered May 30, 2019,

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 Mark C. Davison, Esq., P.O. Box 652, Canandaigua, Ny 14424, 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 Mark C. Davison, 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.

Entered: July 23, 2019

Mark W. Bennett

Clerk of the Court