| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF DERRICK B. CONSECUTIVE NO. 172543, FROM CENTRAL NEW YORK PSYCHIATRIC |
| Motion No: CA 13-00087 |
| Slip Opinion No: 2013 NY Slip Op 63899(U) |
| Decided on January 31, 2013 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00087
(Index No. CA2011-001749)
| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF
DERRICK B. CONSECUTIVE NO. 172543, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW
SECTION 10.09, RESPONDENT-APPELLANT, V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH AND NEW
YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
PETITIONERS-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, to seal 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 Oneida on November 5, 2012,
Now, upon reading and filing the affirmation of Janine E. Frank, Esq., dated January 8, 2013, the affidavit of Derrick B. sworn to December 6, 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, and
It is further ORDERED that the motion insofar as it seeks to proceed anonymously is denied.
Entered: January 31, 2013
Frances E. Cafarell, Clerk