Opinion
DOCKET NO. CA 13-00005 CA2011-001828
01-23-2013
IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF MIGUEL C., CONSECUTIVE NO. 177673, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL SECTION 10.09, RESPONDENT-APPELLANT, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS OF COMMUNITY SUPERVISION, PETITIONERS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person, for permission to proceed anonymously, for assignment of counsel, for a transcript without having to pay a fee, and for the records to be sealed 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 November 1, 2012,
Now, upon reading and filing the affirmation of Michael H. McCormick, Esq., dated December 20, 2012, the affidavit of Miguel C. sworn to December 12, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the motion insofar as it 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, and
It is further ORDERED that the motion insofar as it seeks to seal the record and other papers filed on the appeal is granted, and
It is further ORDERED that the motion insofar as it seeks to proceed anonymously is denied.
Frances E. Cafarell, Clerk