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

DOCKET NO. CA 12-01123

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V MICHAEL MATTER, RESPONDENT-APPELLANT. (Index No. MH 7317)

Appellant having moved for permission to proceed as a poor person, for assignment of counsel, for a transcript without having to pay a fee, for the sealing of the record and file, and to proceed anonymously on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 19, 2012,

Now, upon reading and filing the affirmation of Margot S. Bennett, Esq., dated June 13, 2012, the affidavit of Michael Matter sworn to June 5, 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 Niagara 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: July 6, 2012

Frances E. Cafarell, Clerk