PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, WHALEN, AND MARTOCHE, JJ.

DOCKET NO. CA 13-01308
(Index No. CA2012-001841)

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF MICHAEL O., PETITIONER-APPELLANT, CONSECUTIVE NO. 30292, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW § 10.09, V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-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, for the sealing of the record, for permission to proceed anonymously, and for a stay of all Mental Hygiene Law article 10 proceedings pending the determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 31, 2013,

Now, upon reading and filing the affidavit of Megan E. Dorr, Esq., dated July 17, 2013, the affidavit of Michael O. sworn to June 25, 2013, the notice of motion with proof of service thereof, and the affirmation of Jonathan D. Hitsous, Esq., dated July 25, 2013, 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, assignment of counsel, and a transcript without having to pay a fee is denied with leave to renew upon making a new motion that, among other things, sets forth the specific nature of the $10,000 in assets listed in appellant's financial affidavit, including appellant's ability to access those funds, and

It is further ORDERED that the motion insofar as it seeks to seal the record and papers filed on this appeal is granted, and

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

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

Entered: August 16, 2013

Frances E. Cafarell, Clerk