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

DOCKET NO. CA 09-02318

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V MICHAEL MOTZER, RESPONDENT-APPELLANT. INDEX NO. MH 7283

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 October 19, 2009, for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Michael Motzer, sworn to October 28, 2009, the affirmation of Jeffrey T. Lacey, Esq., dated November 10, 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

It is further ORDERED that the Clerk of Niagara 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: December 7, 2009

Patricia L. Morgan, Clerk