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

DOCKET NO. CA 09-00462

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V DANIEL GIERSZEWSKI, A PATIENT IN THE CUSTODY OF THE OFFICE OF MENTAL HEALTH, RESPONDENT-APPELLANT. INDEX NO. MH7302

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 Niagara on February 2, 2009, for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Daniel Gierszewski, sworn to April 2, 2009, the statement of John S. Sansone, Esq., dated April 8, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person and seal the record be, and the same hereby is, granted and Mary P. Davison, Esq., P.O. Box 652, Canandaigua, New York 14424, 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 the motion is otherwise denied; and

It is further ORDERED that the Clerk of Niagara County is directed to provide Mary P. Davison, 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: April 23, 2009

PATRICIA L. MORGAN, Deputy Clerk