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

DOCKET NO. CA 15-01410
(Index No. CA2015-001461.)

IN THE MATTER OF THE APPLICATION OF PETER J. RUSSELL, INTERIM EXECUTIVE DIRECTOR, OF CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, V JASON TRIPP, A PATIENT AT CENTRAL NEW YORK PSYCHIATRIC CENTER, CONSEC. NO.: 21706, RESPONDENT-APPELLANT.

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 further proceedings pursuant to Mental Hygiene Law article 10 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 July 20, 2015,

Now, upon reading and filing the affirmation of Bryce Therrien, Esq., dated August 24, 2015, the affidavit of Jason Tripp sworn to August 21, 2015, the notice of motion with proof of service thereof, and the affirmation of Zainab A. Chaudhry, Esq., dated September 10, 2015, 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 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.

Entered: September 15, 2015

Frances E. Cafarell, Clerk