IN THE MATTER OF THE APPLICATION OF MAUREEN BOSCO, ACTING EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER V
Motion No: NOS. CA 11-00467 AND CA 11-00468
Slip Opinion No: 2011 NY Slip Op 70038(U)
Decided on April 14, 2011
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.


April 14, 2011

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

DOCKET NOS. CA 11-00467 AND CA 11-00468
(Index No. CA2010-002407)

IN THE MATTER OF THE APPLICATION OF MAUREEN BOSCO, ACTING

EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER,

PETITIONER-RESPONDENT,

V

MICHAEL N., RESPONDENT-APPELLANT.


Appellant having moved for consolidation of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 9, 2010, and January 11, 2011, for permission to proceed as a poor person, for assignment of counsel, for permission to proceed anonymously, for a transcript without a fee, for the records to be sealed, and for a stay of enforcement of the order of the Supreme Court entered December 9, 2010,

Now, upon reading and filing the affirmation of Jason D. Flemma, Esq. dated March 2, 2011, the affidavit of Michael N. sworn to January 21, 2011, the notice of motion with proof of service thereof, and the affirmation of Marlene O. Tuczinski, Esq. dated March 17, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks a stay of enforcement is denied, and

It is further ORDERED that the motion is otherwise granted, and the appeals from the orders entered December 9, 2010, and January 11, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that 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 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.

Entered: April 14, 2011

Patricia L. Morgan, Clerk