| IN THE MATTER OF THE STATE OF NEW YORK V MICHAEL MATTER IN THE MATTER OF MICHAEL MATTER V MICHAEL F. HOGAN, PH.D. |
| Motion No: CA 10-00771 |
| Slip Opinion No: 2010 NY Slip Op 77532(U) |
| Decided on July 19, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
DOCKET NO. CA 10-00771
DOCKET NO. CA 10-00772
| IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-APPELLANT,
V MICHAEL MATTER, RESPONDENT-RESPONDENT. (APPEAL NO. 1.) IN THE MATTER OF MICHAEL MATTER, PETITIONER-RESPONDENT,
V MICHAEL F. HOGAN, PH.D., COMMISSIONER, NEW YORK STATE OFFICE OF MENTAL HEALTH, RESPONDENT-APPELLANT. (APPEAL NO.
2.) |
Respondent having moved for permission to proceed as a poor person on the appeals taken herein from the orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 30, 2010, for permission to file less than the required number of briefs, for assignment of counsel, to proceed anonymously, and to seal the record,
Now, upon reading and filing the affirmation Jeffrey T. Lacey, Esq. dated June 23, 2010, the affidavit of Michael Matter sworn to June 23, 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 to file a lesser number of briefs is denied, and
It is further ORDERED that the motion insofar as it seeks permission to proceed anonymously is 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 its seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is granted to the extent that Emmett J. Creahan, Director, Mental Hygiene Legal Service is hereby assigned as counsel to respondent for these appeals, and
It is further ORDERED that the Clerk of the County of Niagara 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