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

DOCKET NO. CA 15-01830
(INDEX NO. MH44058-2009.)
DOCKET NO. CA 15-01831
(INDEX NO. MH44058-2009.)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V LERRYL SMITH, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V LERRYL SMITH, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved for permission to proceed as a poor person, for assignment of counsel, for transcripts without having to pay a fee, for the sealing of the record, for permission to proceed anonymously to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 18, 2015 (appeal No. 1), and September 18, 2015 (appeal No. 2),

Now, upon reading and filing the affirmation of Margot S. Bennett, Esq., dated October 22, 2015, the affidavit of Lerryl Smith sworn to October 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 purpose of these appeals, and

It is further ORDERED that the motion insofar as it seeks transcripts without having to pay a fee is granted to the extent 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 appeals are 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 appeals, and

It is further ORDERED that the motion insofar as it seeks to seal the record and papers filed on these appeals 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 to consolidate the appeals is granted, and the appeals from the orders entered August 18, 2015, and September 18, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: November 9, 2015

Frances E. Cafarell, Clerk