State v. Newton

Full title: IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. GEORGE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Sep 12, 2016

2016 N.Y. Slip Op. 85665 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01513

09-12-2016

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. GEORGE NEWTON, RESPONDENT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT: (INDEX NO. 44221.)

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 permission to file less than the required number of briefs, for the sealing of the record, for permission to proceed anonymously, and for a temporary stay of proceedings pursuant to Mental Hygiene Law article 10 pending the determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 3, 2016,

Now, upon reading and filing the affirmation of Vicky L. Valvo, Esq., August 25, 2016, 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 Erie 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 permission to file less than the required number of briefs on the appeal is denied, 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, and

It is further ORDERED that the motion insofar as it seeks a temporary stay is denied.

Entered: September 12, 2016

Frances E. Cafarell, Clerk