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

DOCKET NOS. CA 11-02111, CA 11-02112, AND CA 11-02113

IN THE MATTER OF TYRONE DAVIS, PETITIONER-APPELLANT, V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person, for permission to proceed anonymously, for assignment of counsel not affiliated with Mental Hygiene Legal Service (MHLS), for appellant's assigned counsel to have access to appellant's file maintained by MHLS, for a transcript without having to pay a fee, for the records to be sealed, for consolidateion of the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 12, 2011 (appeal No. 1), September 13, 2011 (appeal No. 2), and October 13, 2011 (appeal No. 3), and for a stay of all further proceedings pursuant to Mental Hygiene Law article 10,

Now, upon reading and filing the affirmation of Stephen C. Clark, Esq., dated October 19, 2011, the notice of motion with proof of service thereof, and the affirmation of Laura Etlinger, Esq., dated November 3, 2011, 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, to the extent that John A. Cirando, Esq., 101 South Salina Street, Suite 1010, Syracuse, New York 13202, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the motion is granted to the extent that John A. Cirando, Esq., shall have access to appellant's client file mandated by MHLS, and

It is further ORDERED that the motion is granted to the extent that the Clerk of the County of Oneida is hereby directed to provide John A. Cirando, Esq. 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 and file in this Court is granted, 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 to consolidate appeal No. 1 with appeal No. 2 and appeal No. 3 is granted, and

It is further ORDERED that the motion insofar as it seeks a stay of all further proceedings is denied.

Entered: December 7, 2011

Patricia L. Morgan, Clerk