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

DOCKET NO. CA 12-01550
(INDEX NO. CA 2012-001192)

IN THE MATTER OF THE APPLICATION OF MAUREEN BOSCO, ACTING EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, FOR AN ORDER AUTHORIZING THE INVOLUNTARY TREATMENT OF LOUIS M., A PATIENT AT CENTRAL NEW YORK PSYCHIATRIC CENTER, RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person, for permission to proceed anonymously, for permission to proceed pro se or, in the alternative, assignment of Emmett J. Creahan, Director of Mental Hygiene Legal Service as counsel, for a transcript without having to pay a fee, for the sealing of the records, and for a stay of enforcement pending the determination of this appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 9, 2012,

Now, upon reading and filing the affirmation of Elizabeth S. Fortino, Esq., dated August 21, 2012, the affidavit of Louis M. sworn to August 4, 2012, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Treasure, Esq., dated September 7, 2012, 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 respondent-appellant may file and serve a pro se supplemental brief within 45 days of the date that assigned counsel mails a completed brief to petitioner-respondent, 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, and

It is further ORDERED that the motion insofar as it seeks to proceed anonymously is granted, and

It is further ORDERED that the motion insofar as it seeks a stay of enforcement is denied.

Entered: September 14, 2012

Frances E. Cafarell, Clerk