PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-00012

IN THE MATTER OF LAURENCE GUTTMACHER, M.D., CLINICAL DIRECTOR OF ROCHESTER PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, V MELVERTON M., A PATIENT AT ROCHESTER PSYCHIATRIC CENTER, RESPONDENT-APPELLANT. C#3569

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 9, 2008, for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavits of Melverton M., sworn to December 18, 2008 and January 9, 2009, the notice of motion with proof of service thereof, the statements of Paul D. Fuller, Esq., dated December 12, 2008 and January 30, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted and Shirley A. Gorman, Esq., 12 E. Bank Street, Albion, New York 14411, is hereby assigned as counsel to conduct the appeal and may prosecute the appeal upon one record as defined by 22 NYCRR 1000.3 (c) (2) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Monroe County is directed to provide Shirley A. Gorman, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based.

Entered: March 9, 2009

JoAnn M. Wahl, Clerk