Opinion
DOCKET NO. CA 15-00088 Index No. CA2007-000980.
01-29-2015
IN THE MATTER OF THE PEOPLE OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, v. EDWARD BREEDEN, RESPONDENT-APPELLANT.
PRESENT: , 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, for the sealing of the record, and for permission to proceed anonymously 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 18, 2014,
Now, upon reading and filing the affirmation of Craig P. Schlanger, Esq., dated January 8, 2015, the affidavit of Edward Breeden sworn to January 7, 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 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.
Entered: January 29, 2015
Frances E. Cafarell, Clerk