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

DOCKET NO. CA 15-00572
(Index No. CA2014-001424.)

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF BRIAN H. CONSEC. NO. 95414 FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MENTAL HYGIENE LAW 10.09, PETITIONER-APPELLANT, 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 appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 4, 2015, and 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 further proceedings pending the determination of the appeal, and respondents having cross-moved to dismiss the appeal on the ground that the order is not appealable as of right,

Now, upon reading and filing the affirmation of Patrick T. Chamberlain, Esq., dated April 2, 2015, the affidavit of Brian H. sworn to March 30, 2015, the notice of motion with proof of service thereof, the affirmation of Kathleen M. Treasure, Esq., dated April 16, 2015, the notice of cross 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 appeal is granted, and

It is further 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 Oneida 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 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, and

It is further ORDERED that the cross motion is denied.

Entered: May 20, 2015

Frances E. Cafarell, Clerk