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

DOCKET NO. CA 10-02023
INDEX NO: CA 2010-490

STATE OF NEW YORK, PETITIONER-RESPONDENT, V STEVEN LASHAWAY, ALSO KNOWN AS STEVEN LASHWAY, 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 July 19, 2010, for assignment of counsel, to proceed anonymously, to seal the record, to receive a copy of the transcript without having to pay a fee, and for a stay of enforcement of the order entered July 19, 2010, pursuant to CPLR 5519 (c), and

Now, upon reading and filing the affirmation of Elizabeth S. Fortino, Esq. dated September 30, 2010, the affidavit of Steven Lashway sworn to July 27, 2010, the notice of motion with proof of service thereof, the affirmation of Robert M. Goldfarb, Esq. dated October 13, 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 motion insofar as it seeks to receive a copy of the transcript without having to pay a fee is granted, and 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: November 3, 2010

Patricia L. Morgan, Clerk