Opinion
CA 13-01345 Index No. CA2012-000551 DOCKET NO. CA 13-01344
09-13-2013
IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF JAMES REDCROSS, RESPONDENT-APPELLANT, CONSECUTIVE NO. 73475, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW§ 10.09, v. STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, PETITIONERS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 January 22, 2013 (docket No. CA 13-01344), and February 12, 2013 (docket No. CA 13-01345), and 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, for permission to proceed anonymously, and for a stay of all Mental Hygiene Law article 10 proceedings pending the determination of the appeals,
Now, upon reading and filing the affirmation of Janine E. Frank, Esq., dated July 31, 2013, the affidavit of James Redcross sworn to March 15, 2013, the notice of motion with proof of service thereof, and the affirmation of Allyson B. Levine, Esq., dated August 15, 2013, 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 the orders entered January 22, 2013, and February 14, 2013, 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 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 counsel for the purposes of the appeals, 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 these appeals are 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 appeals, and
It is further ORDERED that the motion insofar as it seeks to seal the record and papers filed on the appeals is granted, 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 a stay is denied.
Frances E. Cafarell, Clerk