| IN THE MATTER OF STATE OF NEW YORK V ANDREW PRATT |
| Motion No: CA 10-01800 |
| Slip Opinion No: 2010 NY Slip Op 83082(U) |
| Decided on September 20, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01800
Index No.: CA2009-001824
| IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V
ANDREW PRATT, 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 February 8, 2010, for assignment of counsel, to proceed anonymously, to seal the record, and for a stay of enforcement of part of the order entered February 8, 2010, pursuant to CPLR 5519 (c),
Now, upon reading and filing the affirmation of Janine E. Frank, Esq. dated August 23, 2010, the notice of motion with proof of service thereof, the affirmation of Kathleen M. Treasure, Esq. dated September 1, 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 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 denied, and
It is further ORDERED that the motion insofar as it seeks a stay of enforcement pursuant to CPLR 5519 (c) is denied.
Entered: September 20, 2010
Patricia L. Morgan, Clerk