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

DOCKET NO. CA 14-00556

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V NUSHAWN WILLIAMS ALSO KNOWN AS SHYTEEK JOHNSON, 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 Chautauqua on March 3, 2014,

Now, upon reading and filing the affidavit of Nushawn Williams, also known as, Shyteek Johnson sworn to March 20, 2014, 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 appellant's 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 Chautauqua 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, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal.

Entered: May 30, 2014

Frances E. Cafarell, Clerk