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

DOCKET NO. CA 10-01328

IN THE MATTER OF THE APPLICATION OF THOMAS DODSON, EXECUTIVE DIRECTOR FOR THE BUFFALO PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, FOR AN ORDER AUTHORIZING THE INVOLUNTARY TREATMENT OF ROBERT G., A PATIENT AT CENTRAL NEW YORK PSYCHIATRIC CENTER, RESPONDENT-APPELLANT. (Index No. 542,711/02)

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 Erie on April 29, 2010, to receive transcripts without paying a fee, for assignment of counsel, to proceed anonymously, and to seal the record,

Now, upon reading and filing the affirmation of Margaret F. Sutton, Esq. dated June 14, 2010, the affidavit of Robert G. sworn to May 20, 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 granted, 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 its seeks permission to proceed as a poor person and assignment of counsel is granted, and Emmett J. Creahan, Director, 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 the appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Erie 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: July 19, 2010

Patricia L. Morgan, Clerk