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

DOCKET NO. CA 13-00211

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V MICHAEL C. BASS, A PATIENT IN THE CUSTODY OF THE OFFICE OF MENTAL HEALTH, RESPONDENT-APPELLANT. (Index No. MH7303.)

Appellant having moved for permission to proceed as a poor person and for assignment of counsel 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 December 7, 2012,

Now, upon reading and filing the affirmation of John R. Nuchereno, Esq., dated January 23, 2013, the affidavit of Michael C. Bass sworn to January 2, 2013, and the notices 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 it seeks assignment of counsel is granted to the extent that Mark C. Davison, Esq., 61 N. Main Street, Suite C, P.O. Box 652, Canandaigua, New York 14424, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Niagara is hereby directed to provide Mark C. Davison, Esq. 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.

Entered: February 27, 2013

Frances E. Cafarell, Clerk