Opinion
DOCKET NO. CA 15-00538
06-23-2015
IN THE MATTER OF THE APPLICATION OF FOR DISCHARGE OF MYRON WRIGHT, CONSEC. NO 16906 FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL § 10.09, PETITIONER-RESPONDENT, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-APPELLANTS.
PRESENT: (INDEX NO. CA2014-001272.)
Petitioner having moved for permission to proceed as a poor person, for assignment of counsel, for the sealing of the record, for permission to proceed anonymously, and for a calendar preference 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 26, 2015,
Now, upon reading and filing the affirmations of Michael H. McCormick, Esq., dated June 2, 2015, and June 4, 2015, the affidavit of Myron Wright sworn to June 2, 2015, 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 proceed anonymously is denied, and
It is further ORDERED that the motion insofar as it seeks to expedite the appeal is granted, and the appeal is removed from the term of this Court commencing November 30, 2015, and added to the term of this Court commencing September 8, 2015, on the condition that petitioner files and serves his brief on or before July 6, 2015.
Entered: June 23, 2015
Frances E. Cafarell, Clerk