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

DOCKET NO. CA 13-00541
(INDEX NO. MH-44738-2012)

STATE OF NEW YORK, PETITIONER-RESPONDENT, V DOUGLAS KENNEDY, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person and 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 Erie on March 11, 2013,

Now, upon reading and filing the affidavit of Douglas Kennedy sworn to March 22, 2013, 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 it seeks assignment of counsel is granted to the extent that Kevin Bauer, Esq., 6 Ferndale Street, Albany, New York 12208, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide Kevin Bauer, 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: May 3, 2013

Frances E. Cafarell, Clerk