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

DOCKET NO. CA 11-02586

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V DONALD BRUSSO, 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 sealing of the records on this appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 2, 2011,

Now, upon reading and filing the affirmation of Lisa L. Paine, Esq., dated December 27, 2011, the affidavit of Donald Brusso sworn to November 29, 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 insofar as it seeks a transcript without having to pay a fee is granted to the extent that the Clerk of the County of Monroe 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 and other papers filed on this appeal is granted, and

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

Entered: January 26, 2012

Frances E. Cafarell, Clerk