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

DOCKET NO. CA 12-01507

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V SCOTT ROSE, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person, for assignment of counsel, for the sealing of the record 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 Jefferson on July 2, 2012,

Now, upon reading and filing the affirmation of Craig P. Schlanger, Esq., dated August 3, 2012, the affidavit of Scott Rose sworn to July 26, 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 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.

Entered: September 4, 2012

Frances E. Cafarell, Clerk