Opinion
DOCKET NO. CA 13-00897
06-20-2013
IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF KENNETH G., RESPONDENT-APPELLANT, CONSEC. NO. 166237 FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO M.H.L. 10.09, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DIVISION OF PAROLE, PETITIONERS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person, for assignment of counsel, for a transcript without having to pay a fee, to seal the record, to proceed anonymously, and to stay all 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 March 18, 2013,
Now, upon reading and filing the affirmation of Janine E. Frank, Esq., dated May 14, 2013, the affidavit of Kenneth G. sworn to May 15, 2013, the notice of motion with proof of service thereof, and the affirmation of Allyson B. Levine, Esq., dated May 24, 2013, 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 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.
Frances E. Cafarell, Clerk