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

DOCKET NO. CA 10-02489

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-APPELLANT, V RICHARD LESTER, A PATIENT IN THE CARE AND CUSTODY OF THE ST. LAWRENCE PSYCHIATRIC CENTER, RESPONDENT-RESPONDENT (INDEX NO. 1373)

Respondent having moved for permission to proceed as a poor person, to proceed anonymously, for assignment of counsel, to receive a transcript without having to pay a fee, and for the record to be sealed on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on September 28, 2010,

Now, upon reading and filing the affirmation of Kristin Dawson Henderson, Esq. dated December 13, 2010, and 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 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 for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Wayne 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: January 25, 2011

Patricia L. Morgan, Clerk