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

DOCKET NO. CA 11-02578

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V NORMAN CALHOUN, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person, for permission to proceed anonymously, for assignment of counsel, for the sealing of the records on this appeal, and for a stay of all further proceedings pending the determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on September 1, 2011,

Now, upon reading and filing the affirmation of Craig P. Schlanger, Esq., dated December 19, 2011, the notice of motion with proof of service thereof, and the statement of Kathleen M. Arnold, Esq., dated January 3, 2012, and the stipulation attached thereto, 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 Clerk of the County of Jefferson 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, and

It is further ORDERED that the motion insofar as it seeks a stay is denied (see CPLR 2201; Schwartz v New York City Hous. Auth., 219 AD2d 47, 48; Rhodes v Mosher, 115 AD2d 351).

Entered: January 26, 2012

Frances E. Cafarell, Clerk