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

DOCKET NO. CA 10-01833
MH NO.: 09-1214

MAUREEN BOSCO, ACTING EXECUTIVE DIRECTOR OF THE CENTRAL NEW YORK PSYCHIATRIC CENTER, DONALD SAWYER, PH.D., EXECUTIVE DIRECTOR OF THE CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONERS-RESPONDENTS, V MICHAEL R., RESPONDENT-APPELLANT.

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 Oneida on December 2, 2009, to proceed anonymously, to seal the record, for assignment of counsel, for an extension of time to perfect the appeal, for a transcript without having to pay a fee, and for a stay of enforcement of part of the order entered December 2, 2009, pursuant to CPLR 5519 (c),

Now, upon reading and filing the affirmation of Jason D. Flemma, Esq. dated September 1, 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 to proceed as a poor person 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 Oneida 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 granted, and

It is further ORDERED that the motion insofar as it seeks a stay of enforcement pursuant to CPLR 5519 (c) is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted and appellant shall perfect the appeal on or before December 1, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 20, 2010

Patricia L. Morgan, Clerk