Opinion
DOCKET NO. CA 15-00186 DOCKET NO. CA 15-00235
03-06-2015
IN THE MATTER OF STATE OF NEW YORK, PETITIONER-APPELLANT, v. PAUL VANDERPOOL, RESPONDENT-RESPONDENT.(APPEAL NO. 1.)(Index No. MH 54118.) IN THE MATTER OF STATE OF NEW YORK, PETITIONER-APPELLANT, v. PAUL VANDERPOOL, RESPONDENT-RESPONDENT.(APPEAL NO. 2.)(Index No. MH 54118.)
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 10, 2014 (appeal No. 1), and January 13, 2015 (appeal No. 2), and
Respondent having cross-moved for dismissal of the appeals on the ground that there is no order under CPLR 5701 (b) from which appellant may appeal as of right, for permission to proceed as a poor person, for assignment of counsel, for the sealing of the record, and for permission to proceed anonymously on the appeal taken from the order entered January 13, 2015, and
Now, upon reading and filing the affirmations of Kathleen M. Treasure, Esq., dated February 3, 2015, and February 20, 2015, the affirmation of Diane S. Gastle, Esq., dated February 18, 2015, the affidavit of Paul Vanderpool dated December 10, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the orders entered October 10, 2014, and January 13, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that respondent's cross motion insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that respondent's cross 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 respondent's cross motion insofar as it seeks to seal the record and papers filed on this appeal is granted, and
It is further ORDERED that respondent's cross motion insofar as it seeks to proceed anonymously is denied, and
It is further ORDERED that respondent's cross motion insofar as it seeks to dismiss appeal No. 2 on the ground that it is an appeal from an order denying a motion to reargue is denied with leave for respondent to raise that argument for dismissal in his brief, and
It is further ORDERED that respondent's cross motion is otherwise denied.
Entered: March 6, 2015
Frances E. Cafarell, Clerk