Charles B. 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: Sep 25, 2017

2017 N.Y. Slip Op. 87461 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-01616 (INDEX NO. CA2013-985.)

09-25-2017

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF CHARLES B. CONSECUTIVE NO. 262223, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER MHL § 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:

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 August 14, 2017, on the ground that

Now, upon reading and filing the affirmation of Benjamin D. Agata, Esq., dated September 7, 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: September 25, 2017

Frances E. Cafarell, Clerk