Opinion
Index No. MH7462 DOCKET NO. CA 13-00565
04-18-2013
IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. BRANDON ARMSTRONG, RESPONDENT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person, for assignment of counsel, to seal the record and file, and 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 Niagara on March 14, 2013,
Now, upon reading and filing the affirmation of Margot S. Bennett, dated March 25, 2013, the affidavit of Brandon Armstrong sworn to March 8, 2013, 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 counsel for the purposes of this appeal, and
It is further ORDERED that the Clerk of the County of Niagara 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 this appeal is granted, and
It is further ORDERED that the motion insofar as it seeks to proceed anonymously is denied.
Frances E. Cafarell, Clerk