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

DOCKET NO. CA 10-01767

STATE OF NEW YORK, PETITIONER-RESPONDENT, V DAVID BOUTELLE, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person, for assignment of counsel, to seal the record, and to proceed anonymously on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 8, 2010,

Now, upon reading and filing the affirmation of Vicky L. Valvo, Esq. dated August 24, 2010, the affidavit of David Boutelle sworn to August 19, 2010, the notice of motion with proof of service thereof, the affirmation of Marlene O. Tuczinski, Esq. dated September 2, 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 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, 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 it seeks to proceed anonymously is denied.

Entered: September 16, 2010

Patricia L. Morgan, Clerk