Opinion
DOCKET NO. CA 13-00982
06-20-2013
IN THE MATER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. JAMES PARROTT, 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, for a transcript without having to pay a fee, to seal the record, to proceed anonymously, and for a stay pending the determination of this appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on March 29, 2013,
Now, upon reading and filing the affirmation of Maureen T. Kissane, Esq., dated June 3, 2013, the affidavit of James Parrott sworn to May 9, 2013, the notice of motion with proof of service thereof, the affidavit of Richard C. Mitchell, Esq., sworn to June 5, 2013, and the affirmation of Allyson B. Levine, Esq., dated June 13, 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 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 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 Oswego 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 to seal the record 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 stay is denied.
Frances E. Cafarell, Clerk