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

DOCKET NO. CA 10-00669

IN THE MATTER OF ANDREW PRATT, PETITIONER-APPELLANT, V MICHAEL HOGAN, COMMISSIONER, NEW YORK STATE OFFICE OF MENTAL HEALTH, AND DONALD SAWYER, DIRECTOR, CENTRAL NEW YORK PSYCHIATRIC CENTER, RESPONDENTS-RESPONDENTS.

Appellant having renewed the motion for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 7, 2010,

Now, upon reading and filing the affidavit of Andrew Pratt dated April 13, 2010, the notice of motion with proof of service thereof, the statement of Raymond Bara, Esq. dated April 22, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and appellant 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 Oneida is hereby directed to provide appellant 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, and

It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Oneida in providing the aforesaid stenographic copy out of any recovery by judgment of settlement, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: Assignment of counsel is not available.

Entered: May 28, 2010

Patricia L. Morgan, Clerk