David M. v. State

Full title: IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF DAVID M., CONSECUTIVE…

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

Date published: Dec 5, 2016

2016 N.Y. Slip Op. 93668 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-02117

12-05-2016

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF DAVID M., CONSECUTIVE NO. 247234 FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW § 10.09, PETITIONER-APPELLANT, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.

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

PRESENT: (Index No.CA2015-1837.)

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, and for permission to proceed anonymously on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 30, 2016,

Now, upon reading and filing the affirmation of Gigi E. Meyers, Esq., dated November 15, 2016, the affidavit of David M. sworn to November 15, 2016, 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 Clerk of the County of Oneida is hereby directed to provide appellant 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 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.

Entered: December 5, 2016

Frances E. Cafarell, Clerk