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

DOCKET NO. CA 10-00266

STATE OF NEW YORK, PETITIONER-APPELLANT, V DANIEL FLAGG, RESPONDENT-RESPONDENT.

Respondent having moved for permission to proceed as a poor person on the appeal taken herein from order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 25, 2010, for assignment of counsel, and for other relief,

Now, upon reading and filing the affirmation of Lisa L. Paine, Esq. dated February 16, 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 the motion insofar as it seeks permission to proceed as a poor person and assignment of counsel is granted, and Mental Hygiene Legal Service is hereby assigned as counsel to conduct the appeal, 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: April 20, 2010

Patricia L. Morgan, Clerk