Opinion
DOCKET NO. CA 13-00659
06-20-2013
IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. ROY CASTLEBERRY, RESPONDENT-APPELLANT. (MH 43,521.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person, for assignment of counsel, for permission for assigned counsel to obtain appellant's client file, for a transcript without having to pay a fee, to seal the record, 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 Erie on August 13, 2012, and having moved to stay further Mental Hygiene Law article 10 proceedings until the determination of this appeal, and for other relief,
Now, upon reading and filing the affidavit of Roy Castleberry sworn to April 9, 2013, the notice of motion with proof of service thereof, and the affirmation of Allyson B. Levine, Esq., dated April 25, 2013, 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 Michael Stachowski, Esq., 2025 Clinton Street, Buffalo, New York 14206, is hereby assigned as counsel for the purposes of this appeal, and
It is further ORDERED that appellant's time to perfect the appeal is extended and Michael Stachowski, Esq., shall perfect the appeal on behalf of appellant on or before August 19, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks permission for Michael Stachowski, Esq., to obtain the client file maintained by Daniel P. Grasso, Esq., is granted, 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 Erie is hereby directed to provide Michael Stachowski, Esq., 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 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, and
It is further ORDERED that the motion insofar as it seeks to stay further Mental Hygiene Law article 10 proceedings is denied.
Frances E. Cafarell, Clerk