Opinion
Motion No: CA 14-01808
11-05-2014
IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF DANIEL V., CONSECUTIVE NO. 48447, PETITIONER-APPELLANT, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW §10.09, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. (Index No. CA2014-000646.)
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 stay of all further 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 September 5, 2014,
Now, upon reading and filing the affirmation of Megan E. Dorr, Esq., dated October 2, 2014, the affidavit of Daniel V. sworn to September 25, 2014, 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 denied, and
It is further ORDERED that the motion insofar as it seeks a stay is denied.
Entered: November 5, 2014
Frances E. Cafarell, Clerk