No. 270172, from Cent. N.Y. Psychiatric Ctr. Pursuant to MHL § 10.09 v. State (In re Application for Discharge of William Johnson)

Full title: IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF WILLIAM JOHNSON, CONSEC…

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

Date published: May 23, 2016

2016 N.Y. Slip Op. 74582 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 15-01603 DOCKET NO. CA 16-00794

05-23-2016

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF WILLIAM JOHNSON, CONSEC. NO. 270172, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL § 10.09, PETITIONER-APPELLANT, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.) IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF WILLIAM JOHNSON, CONSEC. NO. 270172, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL § 10.09, PETITIONER-APPELLANT, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

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

PRESENT: (INDEX NO. CA2014-000246.)

Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 4, 2015 (appeal No. 1), and April 6, 2016 (appeal No. 2), and having moved on appeal No. 2 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 limited stay of proceedings pursuant to Mental Hygiene Law article 10 pending the determination of the appeal,

Now, upon reading and filing the affirmation of Benjamin D. Agata, Esq., dated May 9, 2016, the affidavit of William Johnson sworn to April 27, 2016, 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 to consolidate the appeals is granted, and the appeals from orders entered September 4, 2015, and April 6, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person on appeal No. 2 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 appeal No. 2, and

It is further ORDERED that the motion insofar as it seeks a transcript without having to pay a fee for appeal No. 2 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 appeal No. 2 is granted, and

It is further ORDERED that the motion insofar as it seeks to proceed anonymously in appeal No. 2 is denied, and

It is further ORDERED that the motion insofar as it seeks a limited stay is denied.

Entered: May 23, 2016

Frances E. Cafarell, Clerk