Exec. Dir. of Cent. N.Y. Psychiatric Ctr. v. Melvin H. (In re Application of McCulloch)

Full title: IN THE MATTER OF THE APPLICATION OF DEBORAH J. MCCULLOCH, EXECUTIVE…

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

Date published: Jun 24, 2016

2016 N.Y. Slip Op. 78299 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00865

06-24-2016

IN THE MATTER OF THE APPLICATION OF DEBORAH J. MCCULLOCH, EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, v. MELVIN H., A PATIENT AT CENTRAL NEW YORK PSYCHIATRIC CENTER CONSEC. NO. 263968, RESPONDENT-APPELLANT.

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

PRESENT: (INDEX NO. CA2016-000445.)

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, for permission to proceed anonymously, and for a limited stay 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 March 14, 2016, and having moved for an order permitting newly assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service,

Now, upon reading and filing the affirmation of Lawrence R. Sheets, Esq., dated May 23, 2016, the affidavits of Melvin H. sworn to May 3, 2016, and May 19, 2016, the notice of motion with proof of service thereof, and the affirmation of Robert M. Goldfarb, Esq., dated June 1, 2016, 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 Guy Talia, Esq., 693 East Avenue, Suite 330, Rochester, New York 14607 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 Guy Talia, 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 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, and

It is further ORDERED that the motion insofar as it seeks an order permitting assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service is denied without prejudice to a motion in Supreme Court if necessary.

Entered: June 24, 2016

Frances E. Cafarell, Clerk