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

DOCKET NO. CA 15-01539
(Index No. CA2013-1443-0.)

IN THE MATTER OF THE APPLICATION FOR DISCHARGE OF TYRONE D., CONSECUTIVE NO. 177513, FROM CENTRAL NEW YORK PSYCHIATRIC CENTER 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, 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 1, 2015, and having moved for an order permitting assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service,

Now, upon reading and filing the affirmation of Lawrence R. Sheets, Esq., the affidavits of Tyrone Davis sworn to September 1, 2015, and September 2, 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 other than Mental Hygiene Legal Service is granted and John A. Cirando, Esq., D.J. & J.A. Cirando, Esqs., 101 South Salina Street, Suite 1010, Syracuse, New York 13202 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 Oneida is hereby directed to provide John A. Cirando, Esq., with copies of all 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 motion is denied insofar as it seeks an order permitting assigned counsel access to appellant's file maintained by Mental Hygiene Legal Service without prejudice to a motion in Supreme Court if necessary.

Entered: October 26, 2015

Frances E. Cafarell, Clerk