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

DOCKET NO. CA 12-00786

IN THE MATTER OF THE APPLICATION FOR THE DISCHARGE OF HAROLD WILKES, CONSECUTIVE NO. 146123, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW SECTION 10.09, 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 assignment of counsel, for a transcript without having to pay a fee, and for the sealing of the records on this appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 16, 2012,

Now, upon reading and filing the affirmation of Megan E. Dorr, Esq., dated April 26, 2012, the affidavit of Harold Wilkes sworn to April 11, 2012, 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 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, 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.

Entered: May 24, 2012

Frances E. Cafarell, Clerk