| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF WILLIAM J., CONSEC. NO. 270172, FROM CENTRAL NEW YORK PSYCHIATRIC |
| Motion No: CA 15-01603 |
| Slip Opinion No: 2015 NY Slip Op 86900(U) |
| Decided on October 6, 2015 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01603
(INDEX NO. CA2014-000246.)
| IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF WILLIAM J., CONSEC.
NO. 270172, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER PURSUANT TO MHL § 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 proceed as a poor person, for assignment of counsel, for a transcript without having to pay a fee, for the sealing of the record, and for permission to proceed anonymously on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 4, 2015,
Now, upon reading and filing the affirmation of Benjamin D. Agata, Esq., dated September 21, 2015, the affidavit of William Johnson sworn to September 16, 2015, 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 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.
Entered: October 6, 2015
Frances E. Cafarell, Clerk