PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-00205

STATE OF NEW YORK, PETITIONER-RESPONDENT, V CHARLES KALCHTHALER, 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 Onondaga on November 18, 2009, for assignment of counsel, and for other relief,

Now, upon reading and filing the affirmation of Maureen T. Kissane, Esq., dated January 19, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission for appellant to proceed anonymously is hereby denied, and

It is further ORDERED that the motion insofar as it seeks to seal the record is granted without prejudice to a motion to unseal any part of the record, and

It is further ORDERED that Mental Hygiene Legal Service 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

It is further ORDERED that the Clerk of the County of Onondaga is hereby directed to provide Mental Hygiene Legal Service with copies of all papers and transcripts of stenographic, digitally recorded or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.

Entered: March 5, 2010

Patricia L. Morgan, Clerk