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

DOCKET NO. CA 11-02166

STATE OF NEW YORK, PETITIONER-RESPONDENT, V HERSCHEL ADKISON, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person, for permission to proceed anonymously, for assignment of counsel, for a transcript without having to pay a fee, and for the records 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 Steuben on September 22, 2011,

Now, upon reading and filing the affirmation of Craig S. Levin, Esq., dated October 26, 2011, the affidavit of Herschel Adkinson sworn to October 21, 2011, 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 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 motion as it seeks a transcript without having to pay a fee is granted to the extent that the Clerk of the County of Steuben 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 records filed in this Court on this appeal is granted, and

It is further ORDERED that the motion insofar as it seeks to proceed anonymously is denied.

Entered: December 7, 2011

Patricia L. Morgan, Clerk