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

DOCKET NOS. CA 09-01471, CA 09-01472, AND CA 09-01474
INDEX NO. MH 543,946-08

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V HAROLD WILKES, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 2, 2009, May 20, 2009 and June 11, 2009, for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Harold Wilkes, sworn to June 30, 2009, the affirmation of Kevin S. Doyle, Esq., dated July 17, 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 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 appeals and may prosecute the appeals 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 Erie 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 appeals are based.

Entered: August 10, 2009

Patricia L. Morgan, Clerk