PRESENT: MARTOCHE, J. P., PERADOTTO, LINDLEY, SCONIERS, PINE AND GORSKI, JJ.

DOCKET NO. CA 10-01280

LARRY BROWN AND SHANNON MARTINEK, PETITIONERS-APPELLANTS, V DONALD SAWYER, EXECUTIVE DIRECTOR, CENTRAL NEW YORK PSYCHIATRIC CENTER, AND MICHAEL F. HOGAN, COMMISSIONER OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH, RESPONDENTS-RESPONDENTS.

Appellants having renewed their motion for permission to proceed as poor people, for assignment of counsel, to seal the record on appeal, for permission to receive a transcript without having to pay a fee, and for other relief on the appeal taken herein from a judgment (denominated order) of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 17, 2010,

Now, upon reading and filing the affirmation of Stephen C. Clark, Esq. dated July 21, 2010, the affidavit of Shannon Martinek sworn to May 19, 2010, the affidavit of Larry Brown sworn to May 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 its seeks permission to proceed as poor people is granted, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied, with leave to renew upon a showing that the appeal falls within the functions, powers, and duties of Mental Hygiene Legal Service as set forth in Mental Hygiene Law § 47.03, 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 Clerk of the County of Oneida is hereby directed to provide appellants 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 the motion is otherwise denied.

Entered: August 23, 2010

Patricia L. Morgan, Clerk