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

DOCKET NOS. CA 09-02055 AND CA 09-02056

PEOPLE OF THE STATE OF NEW YORK EX REL. MENTAL HYGIENE LEGAL SERVICES ON BEHALF OF SHANNON MARTINEK, PETITIONER-APPELLANT, V DONALD SAWYER, PH.D, EXECUTIVE DIRECTOR OF THE CENTRAL NEW YORK PSYCHIATRIC CENTER, RESPONDENT-RESPONDENT. PEOPLE OF THE STATE OF NEW YORK EX REL. SHANNON MARTINEK, PETITIONER-APPELLANT, V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person on the appeals taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 14, 2009 and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Livingston on July 10, 2009, for assignment of counsel, and for other relief,

Now, upon reading and filing the affirmation of Kevin C. O'Connell, Esq., dated October 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

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

DOCKET NOS. CA 09-02055 AND CA 09-02056

OCTOBER 26, 2009

PAGE 2

It is further ORDERED that the Clerk of Oneida County and the Clerk of Livingston County are 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: October 26, 2009

Patricia L. Morgan, Clerk