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

DOCKET NO. CA 14-01457

IN THE MATTER OF THE APPLICATION OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V DOUGLAS SMITH, RESPONDENT-APPELLANT. (Index No. MH 43611/2007.)

Appellant having moved for permission to proceed as a poor person, for assignment of counsel, for the sealing of the record and file, and for permission to proceed anonymously in the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 9, 2014, and for other relief,

Now, upon reading and filing the affirmation of William P. Clark, Esq., dated August 14, 2014, the affidavit of Douglas Smith sworn to August 8, 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 Clerk of the County of Erie 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, 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 is otherwise denied.

Entered: September 16, 2014

Frances E. Cafarell, Clerk