Opinion
Motion No: CA 12-00257 Index No. MH K1-2008-943
03-02-2012
IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. DANIEL FARNSWORTH, RESPONDENT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person, for permission to proceed anonymously, permission to file less than the required number of briefs, for assignment of counsel, and for the record and file to be sealed on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on December 1, 2011,
Now, upon reading and filing the affirmation of Margot S. Bennett, Esq., dated January 25, 2012, the affidavit of Daniel Farnsworth sworn to December 5, 2011, 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 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 Chautauqua 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 file on this appeal is granted, and
It is further ORDERED that the motion is otherwise denied.
Frances E. Cafarell, Clerk