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

DOCKET NO. CA 09-01153
INDEX NO. 2008-10154

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V JAMES HIGH, RESPONDENT-APPELLANT.

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 April 2, 2009, for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavits of James High, sworn to May 22, 2009, the affirmation of Kevin C. O'Connell, Esq., dated June 5, 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

It is further ORDERED that the motion insofar as it seeks assignment of counsel other than the Mental Hygiene Legal Service is denied, on the ground that the allegations set forth by appellant are insufficient to demonstrate the existence of an actual conflict of interest, with leave to renew at such time as a more particularized statement of facts can be set forth from the record of the proceedings below; and

It is further ORDERED that Emmett J. Creahan, Esq., Director, Mental Hygiene Legal Service, 50 East Avenue, Suite 402, Rochester, NY 14604, 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 Monroe County is directed to provide Emmett J. Creahan, 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: June 25, 2009

Patricia L. Morgan, Clerk