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

DOCKET NO. CA 16-00110
(Index No. MH44090-2009)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V MICHAEL ALLEN, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person, assignment of counsel and 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 Erie on January 12, 2016,

Now, upon reading and filing the affidavit of Michael Allen sworn to January 27, 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 for permission to proceed as a poor person is granted, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is granted to the extent that Mark C. Davison, Esq., 61 N. Main Street, Suite C, P.O. Box 652, Canandaigua, New York 14424, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide Mark C. Davison, Esq. 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, and

It is further ORDERED that the motion insofar as it seeks permission to proceed anonymously is denied.

Entered: February 9, 2016

Frances E. Cafarell, Clerk