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

DOCKET NO. CA 10-01692

THE PEOPLE OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V JOEY BLAIR, RESPONDENT-APPELLANT. (INDEX NO. 35314)

Appellant having moved for permission to proceed as a poor person, sealing of the record, and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on June 28, 2010,

Now, upon reading and filing the affirmation of Margot S. Bennett, Esq. dated August 6, 2010, the affidavit of Joey Blair sworn to August 3, 2010, the notice of motion with proof of service thereof, the statement of Thomas A. Miner, Esq. received August 12, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person by is granted, and

It is further ORDERED that the motion insofar as its seeks 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 Allegany 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, 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.

Entered: September 16, 2010

Patricia L. Morgan, Clerk